Lopez v. Gonzales, 549 U.S. ___, 127 S.Ct. 625 (Dec. 5, 2006) (in dictum, the state convictions punishing possession in excess of five grams of cocaine base or any amount of the date-rape drug flunitrazepam constitute aggravated felonies, even if they are misdemeanor convictions, because they would be punishable as felonies under 21 U.S.C. 844(a) if prosecuted under federal law: ". . . the [federal Controlled Substances Act] punishes drug possession offenses as misdemeanors (that is, by one year's imprisonment or less, cf. 18 U. S. C. 3559(a)), see 21 U. S. C. 844(a) (providing for "a term of imprisonment of not more than 1 year" for possession offenses except for repeat offenders, persons who possess more than five grams of cocaine base, and persons who possess flunitrazepam), and trafficking offenses as felonies, see [21 U.S.C.] 841 (2000 ed. and Supp. III).").