Berhe v. Gonzales,
___ F.3d ___, 2006 WL 2729689 (1st Cir. Sept. 26, 2006) (Massachusetts
1996 conviction of misdemeanor simple possession of crack
cocaine under Mass. Gen. Laws ch. 94C, § 34, and Massachusetts
2003 misdemeanor conviction of simple possession of crack
cocaine, were not aggravated felony drug trafficking convictions
under INA § 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B),
not because they were classified as misdemeanors under state
law, but because they were simple possession offenses and
the prosecution, in the second case, did not plead and prove
the prior possession conviction, and the record of conviction
in the second case does not contain facts that would convert
it from a misdemeanor to a felony conviction if it had been
prosecuted in federal court).