United States v. Garza-Lopez, 410 F.3d
268 (5th Cir. May 19, 2005) (California conviction for "[t]ransport/sell
methamphetamine" under Cal. Health & Safety Code
§ 11379(a) did not constitute conviction of drug trafficking
with sentence imposed in excess of 13 months for purposes
of triggering a sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i)
(2003), for illegal re-entry after deportation, because the
statute of conviction is overbroad and prohibits some conduct
that does not fall within the Guidelines enhancement definition
of drug trafficking offense, and the record of conviction
does not narrow the offense of conviction to conduct falling
within the enhancement); but see Peters v. Ashcroft, 383 F.3d
302 (5th Cir. Aug. 27, 2004) (state conviction of felony solicitation
to transport marijuana for sale is controlled substance conviction
under INA § 237(a)(2)(B)(i), for deportation purposes), following
Matter of Beltran, 20 I. & N. Dec. 521 (BIA May 28, 1992).