United States v. Gomez-Ortiz,
62 F.Supp.2d 508 (D.R.I. Aug. 4, 1999) (Massachusetts misdemeanor
conviction for first-offense possession with intent to distribute,
in violation of M.G.L. 94C, § 32C(a) and M.G.L. 274 1, did
not constitute "felony," and was therefore not "aggravated
felony," under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of U.S.S.G. § 2L1.2(b)(1)(A) 16-level sentence
enhancement for illegal re-entry, even though defendants
offense would have been classified as felony if it had been
prosecuted under federal law, since a state misdemeanor can
never be a felony under the federal definition).