Moncrieffe v. Holder, ___ F.3d ___, ___, 2011 WL 5343694 (5th Cir. Nov. 8, 2011) (Georgia conviction of possession of marijuana with intent to distribute, in violation of Ga. Code 16"13"30(j), which includes specifically, distribution of a small amount of marijuana for no remuneration, was nonetheless a drug-trafficking aggravated felony, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B); Moncrieffe bore the burden to prove that he was convicted of only misdemeanor conduct.); see United States v. Walker, 302 F.3d 322, 324 (5th Cir. 2002) (the default sentencing range for a marijuana distribution offense is the CSA's felony provision, 21 U.S.C. 841(b)(1)(D), rather than the misdemeanor provision); see Matter of Aruna, 24 I. & N. Dec. 452 (BIA Feb. 26, 2008) (a state conviction for possessing an indeterminate amount of marijuana with intent to distribute is considered an aggravated felony); Garcia v. Holder, 638 F.3d 511, 516 (6th Cir. 2011) (the default punishment under 21 U.S.C. 841 is a felony, where the statute punishes gratuitous distribution of a small amount as well as sales, so a conviction constitutes a drug-trafficking aggravated felony even absent record evidence of the quantity or price); United States v. Bartholomew, 310 F.3d 912, 925 (6th Cir. 2002) (same); Julce v. Mukasey, 530 F.3d 30 (1st Cir. June 20, 2008) (same); Jeune v. Attorney General, 476 F.3d 199 (3d Cir.2007) (same); but see Martinez v. Mukasey, 551 F.3d 113, 118 (2d Cir.2008) (default is a misdemeanor: only the minimum criminal conduct necessary to sustain a conviction under a given statute is relevant to the categorical approach); Julce v. Mukasey, 530 F.3d 30, 34"36 (1st Cir. 2008) (same); Jeune v. Attorney General, 476 F.3d 199 (3d Cir. 2007) (same).