United States v. Estrada-Mendoza, 472 F.3d 689, 2007 WL 6583 (5th Cir. Jan. 3, 2007) (Texas conviction of possession of a controlled substance, did not warrant 8-level sentence enhancement for illegal reentry after deportation, since it would not constitute a felony if prosecuted under federal law, and was therefore not an aggravated felony drug trafficking offense under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).
jurisdiction:
Fifth Circuit