Opinion

David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.

  • 280 F.3d 297
  • 2002 U.S. App. LEXIS 2232
  • 2002 WL 206155
Court
Court of Appeals for the Third Circuit
Filed
Feb 8, 2002
Status
Published
Author
Reavley
On the bench
Becker, Nygaard, Reavley
Cited by
175 cases

following our holding in Davis that the two elements required to establish that a crime is “illicit trafficking” are (1) the offense is a felony under the law of the convicting sovereign and (2) it contains a “trafficking element,” such as the unlawful trading or dealing of a controlled substance

How later courts described this case

  • following our holding in Davis that the two elements required to establish that a crime is “illicit trafficking” are (1) the offense is a felony under the law of the convicting sovereign and (2) it contains a “trafficking element,” such as the unlawful trading or dealing of a controlled substance
  • commenting that national uniformity would be undermined if “aliens convicted of drug offenses in different states that punish similar offenses differently [were] treated differently with respect to deportation and cancellation”
  • observing that “ ‘trafficking’ is not an essential element of all state drug convictions in order for those convictions to constitute an aggravated felony under § 1101(a)(43)”
  • noting that under the “illicit trafficking route” the state offense “must be a felony under the law of the convicting sovereign” and “must contain a trafficking element”

Written by the judges who cited it.

The opinion

REAVLEY, Circuit Judge,

dissenting.

I diverge from the majority on the construction of the definition of a “drug trafficking crime” in 18 U.S.C. § 924 (c). The words themselves seem to me to point to any state felony that would be conduct punishable under federal law, rather than necessarily to a crime that would be punishable as a felony under federal law. I might join Chief Judge Becker’s masterful opinion, however, if we were surveying a new route; but too many circuit courts have chosen the other way and I would follow them in the interest of consistency and uniformity of federal law.

I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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