United States v. Caicedo-Cuero, 312 F.3d
697 (5th Cir. Nov. 14, 2002) (Texas conviction of possession
of marijuana, in violation of Health & Safety Code § 481.121(b)(3),
which was a "state jail felony" with a maximum of
two years, constituted an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of enhancing a sentence
for illegal re-entry under U.S.S.G. § 2L1.2(b)(1)(C), even
though state law precluded a custodial sentence for the defendant
as a first-time offender, since he could be sentenced to two
years on a violation of community supervision).