United States v. Smith, 36 F.3d 128 (1st
Cir. Sept. 7, 1994), cert. denied, 513 U.S. 1008 (1994) (Rhode
Island conviction of felony drug possession offense that would
only be a misdemeanor under federal law but was felony under
laws of convicting state constituted an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for
illegal re-entry sentence enhancement purposes under U.S.S.G.
§ 2L1.2(b)(2)).

jurisdiction: 
First Circuit

 

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