Case Comment Analyzing Issues in Carachuri-Rosendo v. Holder

Lauren Gearty recently published a Case Comment in the Suffolk University Law Review discussing whether a second state drug possession conviction constitutes a felony under the Federal Controlled Substances Act because it could have been prosecuted as a recidivist offense. The federal circuits are split on the issue and Supreme Court will resolve it in Carachuri-Rosendo v. Holder. The Case Comment argues against the Fifth and Seventh Circuit’s designation of aggravated felony status and agrees with the other circuits.

KJ