United States v. Herrera-Roldan, ___ F.3d ___, 2005 WL 1635366 (10th Cir. July 13, 2005) (Texas conviction for possession of more than 50, but no more than 2000, pounds of marijuana constituted an aggravated felony "drug trafficking crime," as defined by 18 U.S.C. 924(c), and thus merited an 8-level adjustment under USSG 2L1.2(b)(1); however, the offense of simple possession [no matter what the amount] is not a "drug trafficking offense" under U.S.S.G. 2L1.2(b)(1)(B) [which would merit a 12-level adjustment], as there is no trafficking element to the offense).

jurisdiction: 
Tenth Circuit

 

TRANSLATE