In United States v. Figueroa-Beltran, --- F.3d ---, No. 16-10388 (9th Cir. 2018), the Court certified three questions to the Nevada Supreme Court regarding whether a Nevada drug statute (Nev. Rev. Stat. § 453.337) is divisible for purposes of the modified categorical approach.
The case is a good remainder that, if you have a federal appeal with an outcome determinative question of state law, you can ask the Court to certify the question to the state's high court. Obviously, whether that is a good tactic is a case-by-case decision.
