United States
v. Arizaga-Acosta, 436 F.3d 506 (5th Cir. Jan. 12, 2006) (federal
conviction for conspiracy to possess a listed chemical (ephedrine)
with intent to manufacture methamphetamine, under 21 U.S.C.
§ 841(d)(1), held not to qualify as a "drug-trafficking
offense" under U.S.S.G. § 2L1.2, for purposes of imposing
a sentence enhancement to an illegal re-entry sentence, because
the U.S. Sentencing Commission specifically included this
offense under U.S.S.G. § 4B1.2 cmt. n.1, but declined to do
so under § 2L1.2).

jurisdiction: 
Fifth Circuit

 

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