Jorge Romero-Millan, et al. v. William Barr

Summary

The Supreme Court of Arizona answered in part certified questions from the United States Court of Appeals for the Ninth Circuit concerning Arizona drug offenses and federal immigration removability. The court declined to answer whether Arizona’s drug paraphernalia and narcotic drug statutes are divisible under federal law and declined to decide the jury-unanimity issue under the drug paraphernalia statute. It held that under A.R.S. § 13-3408, the identity of the alleged narcotic drug is an element requiring jury unanimity.

Holdings

1. The court declined to answer the first two certified questions because federal divisibility is a matter of federal law, not Arizona law, and vacated its order accepting jurisdiction over those questions.
2. The court declined to answer whether jury unanimity regarding the identity of a specific drug is required under Arizona's drug-paraphernalia statute.
3. The identity of the alleged narcotic drug is an element of an offense under A.R.S. § 13-3408, and the jury must unanimously agree on that specific drug.

Questions Presented

1. Whether Arizona's possession-of-drug-paraphernalia statute, A.R.S. § 13-3415, is divisible as to drug type under federal law.
2. Whether Arizona's narcotic-drug possession statute, A.R.S. § 13-3408, is divisible as to drug type under federal law.
3. Whether jury unanimity is required as to the specific drug involved in an offense under A.R.S. § 13-3415.
4. Whether jury unanimity is required as to the specific drug involved in an offense under A.R.S. § 13-3408.

Disposition

other