Lopez v. Gonzales, 549 U.S. ___127 S.Ct. 638 n.8 (Dec. 5, 2006) (Congress codified Matter of Barrett, 20 I. & N. Dec. 171 (1990), in the aggravated felony drug trafficking definition, which requires a state conviction to be a felony punishable by more than one year in custody to constitute an aggravated felony, which supports an argument that a state or federal conviction of gratuitous distribution of a "small amount" of marijuana cannot be an aggravated felony because 21 U.S.C. 841(b)(4) requires it to be punished as a misdemeanor).