United States v. Paredes-Batista, 140 F.3d
367 (2d Cir. Mar. 18, 1998), cert. denied, 525 U.S. 859, 119
S.Ct. 143 (Oct. 5, 1998) (New York conviction under N.Y. Penal
Law § 220.31, which provides that "[a] person is guilty
of criminal sale of a controlled substance in the fifth degree
when he knowingly and unlawfully sells a controlled substance,"
constituted an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), triggering sentence enhancement
under U.S.S.G. § 2L1.2(b)(1)(A) for illegal re-entry conviction).