United States v. Arellano-Torres, 303 F.3d
1173 (9th Cir. July 12, 2002) (Nevada conviction of possession
of a controlled substance qualified as an "aggravated
felony" for illegal re-entry sentence enhancement purposes,
even though the conviction would have been a misdemeanor if
prosecuted under federal law, and even though state law mandated
probation for first-time offenders such as defendant, since
a four-year prison sentence was suspended and thus a felony
sentence would have been possible for this conviction).
jurisdiction:
Ninth Circuit