What constitutes solicitation for sale of a controlled substance?
The following excerpt is from United States v. Crum, 934 F.3d 963 (9th Cir. 2019):
Our decision in Sandoval v. Sessions , 866 F.3d 986 (9th Cir. 2017), on which the majority relies, reflects an incorrect view of what solicitation means. In Sandoval , we equated offering to sell a controlled substance with soliciting delivery of a controlled substance, id. at 99091, but for the reason just stated they are not the same thing. That analytical error was not necessary to the conclusion we ultimately reached. So I do not view that aspect of Sandoval s reasoning as binding here, and I would not perpetuate the error we made there.
Notes:
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