Dwight Dion Donawa v. U.S. Attorney General

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the generic definition of \drug trafficking crime\ requires proof that the defendant had knowledge of the nature of the substance in question
• stating that a statute is divisible when it \lists a number of alternative elements that effectively create several different crimes\
• deciding a Florida statute is indivisible because Florida courts treat an element needed for the generic offense as an affirmative' defense
• explaining that this Court 9 Case: 15-12497 Date Filed: 09/22/2016 Page: 10 of 28 also uses either the categorical or modified categorical approach when determining whether a crime qualifies as an “aggravated felony” under the INA
• observing that, after section 893.101, Florida drug offenses no longer require the state to prove beyond a reasonable doubt that “the defendant had knowledge of the na- ture of the substance in his possession”
• declining to rely on an alternative holding when the BIA did not consider the issue

Source: CourtListener parenthetical corpus (CC0).