United States v. Pornes-Garcia, 171 F.3d
142 (2d Cir. Mar. 26, 1999), cert. denied, 528 U.S. 880, 120
S.Ct. 191 (1999) (New York conviction of felony attempted
criminal possession of cocaine in the first degree, in violation
of N.Y. Penal Law § 110.05(1), constituted an "aggravated
felony " under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
justifying 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)
to illegal re-entry sentence, even though conviction would
have been only a misdemeanor if prosecuted in federal court).