Criminal Defense of Immigrants
§ 21.20 (E)
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(E) Drug Abuse or Addiction. Convictions on multiple dates for possession and/or being under the influence of a controlled substance could be used to show the noncitizen is a drug abuser or addict, since the multiple convictions would tend to show more than mere experimentation. See § 21.10, 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).