Jorge Romero-Millan v. William Barr

Summary

The court declined to answer the first two certified questions because federal divisibility is not an issue of Arizona law. It also declined to decide whether jury unanimity is required as to drug identity under the drug-paraphernalia statute, preferring resolution in a case directly presenting that issue. The court held that drug identity is an element of the narcotic-drug statute and that the jury must unanimously agree on the specific narcotic drug involved.