What is the federal government's argument that offering to deliver a controlled substance is not an aggravated felony?

MultiRegion, United States of America

The following excerpt is from Sandoval v. Yates, 847 F.3d 697 (9th Cir. 2017):

The government concedes that simply offering to deliver a controlled substance is not an aggravated felony. Nevertheless, it contends 475.992(1)(a) does not punish simply offering a controlled substance, but requires more. It relies on State v. Johnson , 202 Or.App. 478, 123 P.3d 304 (2005). We are not persuaded.

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