Cazarez-Gutierrez v. Ashcroft,
356 F.3d 1015 (9th Cir. Jan. 26, 2004) (Arizona conviction
for simple possession, in violation of Ariz.Rev.Stat. Ann.
§ 13 3407, cannot be an aggravated felony since the offense
would not be a felony if prosecuted under federal law), withdrawn
on jurisdictional grounds, 366 F.3d 736 (9th Cir. Apr 26,
2004).
jurisdiction:
Ninth Circuit