United States v.
Ballesteros-Ruiz, 319 F.3d 1101 (9th Cir. Feb. 10, 2003) (Arizona
second conviction of possession of marijuana, in violation
of A.R.S. § 13-901.01(A), (E), did not constitute an aggravated
felony for purposes of enhancing a sentence for illegal re-entry
after deportation, because the first-offense maximum punishment
was not in excess of one year and therefore did not qualify
as a felony under the federal definition, because the increased
sentence resulting from the prior conviction was not considered
to be "for" the "offense," but was rather
a recidivist sentence enhancement that could not be considered
for that purpose under United States v. Corona-Sanchez, 291
F.3d 1201 (9th Cir. June 6, 2002) (en banc)).

jurisdiction: 
Ninth Circuit

 

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