Wilson v. Ashcroft, 350 F.3d 377 (3d Cir. November 26, 2003) (New Jersey conviction dated November 17, 1995, for possession with intent to distribute more than one ounce (twenty eight grams) of marijuana, in violation of N.J. Stat. Ann. 2C:35-5b(11), might have failed to give the INS reason to believe the defendant had been a drug trafficker, triggering inadmissibility under INA 237(a)(2)(C)(i), for which ground of inadmissibility there is no 212(c) or 212(h) waiver, so he cannot adjust status).      The District Court held that N.J. Stat. Ann. 2C:35-5b(11) criminalizing possession of at least one ounce (and less than five pounds) of marijuana with intent to manufacture, distribute, or dispense it was analogous to 21 U.S.C. 841(a)(1), and since the penalty for violating the federal statute under 21 U.S.C. 841(b)(1)(D) is up to five years in prison, the offense was an aggravated felony as analogous to a federal felony. However, because gratuitous distribution of an undefined "small amount" of marijuana "without remuneration is not inherently a felony under federal law." Steele v. Blackman, 236 F.3d 130, 137 (3d Cir.2001), and the state statute under which the noncitizen Wilson pled guilty did not have renumeration as an element and the state statutory elements would be satisfied by proof of either distribution or possession with intent to distribute, the Third Circuit held that it could not determine from the state court judgment that the conviction necessarily entailed a finding of remuneration, and therefore could not be analogized to the federal offense.