United States v. Forbes, 16
F.3d 1294 (1st Cir. Feb. 24, 1994) (New York second conviction
for criminal possession of controlled substance under N.Y.
Penal Law § 220.09 was punishable under Controlled Substances
Act as a felony and, therefore, defendants conviction qualified
as an aggravated felony justifying enhanced sentence under
U.S.S.G. § 2L1.2 for illegal re-entry purposes).