Rios-Delgado v. United States, 117 F.Supp.2d 581 (W.D.Tex.
Oct. 11, 2000) (California: trial counsel was ineffective
in failing to object, at sentencing, that defendants prior
conviction for commercial burglary was not an aggravated felony,
for sentence enhancement purposes, under the soon-to-be-announced
rule of United States v. Reyna-Espinosa, 117 F.3d 826 (5th
Cir. July 11, 1997) (federal conviction for unlawful possession
of a firearm by a noncitizen under 18 U.S.C. § 922(g)(5) does
not constitute an "aggravated felony" for purposes
of increasing the defendants offense level for illegal re-entry
by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(2), since it
is not one of the five paragraphs of INA § 101(a)(43), 8 U.S.C.
§ 1101(a)(43) that are expressly incorporated into that guideline,
although, in dictum, the court said the conviction does constitute
an aggravated felony for immigration purposes)).