Fifth Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - POSSESSION
Arce-Vences v. Mukasey, 512 F.3d 167 (5th Cir. Dec. 21, 2007) ("Arce's conviction for possession [of between 50 and 2000 pounds] of marijuana is not an aggravated felony. Commission of an aggravated felony was the sole charge on which he was ordered removed. Because, in the light of Lopez, we hold that Arce's conviction for possession of marijuana is not an aggravated felony, we vacate his order of removal.").

AGGRAVATED FELONY - DRUG TRAFFICKING - TRANSPORTATION OF AT LEAST 100 POUNDS OF MARIJUANA
United States v. Lopez-Salas, 513 F.3d 174 (5th Cir. Jan. 3, 2008) (North Carolina conviction of conspiring "to commit the felony of trafficking by transporting 100 pounds or more but less than 2000 pounds of marijuana", under General Statutes of North Carolina 90-95(h), constituted a "drug trafficking offense" under USSG 2L1.2(b)(1)(A)(i) for purposes of imposing a 16-level sentence enhanccment for illegal reentry after deportation).

AGGRAVATED FELONY - DRUG TRAFFICKING - INFERRING INTENT TO SELL OR MANUFACTURE FROM AMOUNT INVOLVED IN POSSESSION/TRANSPORTATION CONVICTION
United States v. Lopez-Salas, 513 F.3d 174 (5th Cir. Jan. 3, 2008) (noting a circuit split, the court found that a possessory or transportation offense could not be considered a drug trafficking offense for illegal re-entry sentencing purposes merely because of the large amount of drugs involved; court review must be limited to elements of statute of conviction), disagreeing with United States v. Madera-Madera, 333 F.3d 1228, 1231-34 (11th Cir.2003), agreeing with United States v. Villa-Lara, 451 F.3d 963, 965 (9th Cir.2006); United States v. Montanez, 442 F.3d 485, 493-94 (6th Cir.2006); United States v. Herrera-Roldan, 414 F.3d 1238, 1240-43 (10th Cir.2005).