United States
v. Ballesteros-Ruiz, 319 F.3d 1101 (9th Cir. Feb. 10, 2003)
(Arizona second conviction of possession of marijuana, in
violation of A.R.S. § 13-901.01(A), (E), did not constitute
an aggravated felony for purposes of enhancing a sentence
for illegal re-entry after deportation, because the first-offense
maximum punishment was not in excess of one year and therefore
did not qualify as a felony under the federal definition,
because the increased sentence resulting from the prior conviction
was not considered to be "for" the "offense,"
but was rather a recidivist sentence enhancement that could
not be considered for that purpose under United States v.
Corona-Sanchez, 291 F.3d 1201 (9th Cir. June 6, 2002) (en
banc)).