- Berhe v. Gonzales, ___ F.3d ___, 2006
WL 2729689 (1st Cir. Sept. 26, 2006) (Massachusetts conviction
of misdemeanor possession of marijuana with intent to distribute,
in violation of Mass. Gen. Laws ch. 94C, § 32C(a), constituted
an aggravated felony drug trafficking conviction under INA
§ 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B), despite
its classification as a misdemeanor under state law, because
it had an element of distribution and would therefore have
been a felony if it had been prosecuted in federal court).