United States v. Haggerty, 85 F.3d 403
(8th Cir. June 10, 1996) (California conviction of possession
of methamphetamine, in violation of California Health &
Safety Code § 11377(a), constituted aggravated felony, under
INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for purposes
of enhancing illegal re-entry sentence under U.S.S.G. § 2L1.2(b)(2),
since it was felony under California law punishable by more
than one year in custody, and California court did not declare
it to be a misdemeanor).
jurisdiction:
Eighth Circuit