§ 21.20 (B)
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(B) Aggravated Felony. A second or subsequent conviction for simple possession may or may not qualify as an aggravated felony, depending upon the law of the circuit in which the case arises. See § 19.58, supra.
AGGRAVATED FELONY - DRUG TRAFFICKING - SECOND POSSESSION
United States v. Pacheco-Diaz, __ F.3d __, 2007 WL 3071682 (7th Cir. Oct. 23, 2007) (Illinois conviction for felony simple possession of marijuana, in violation of 720 ILCS 550/4, is an aggravated felony for sentencing purposes where noncitizen has prior possession conviction; court rejected argument that state court must have proven prior conviction as an element of the second conviction, finding that it only needs to be hypothetically possible that the noncitizen could have been subject to the federal recidivist enhancement).