SEXUAL ABUSE OF A MINOR - LEWD ASSAULT ON CHILD
United States v.
Londono-Quintero, 289 F.3d 147 (1st Cir. May 6, 2002) (Florida
conviction of lewd and lascivious assault on child, in violation
of F.S.A. § 800.04, was sexual abuse of a minor and therefore
an aggravated felony under INA § 101(a)(43)(A), 8 U.S.C.
1101(a)(43)(A) warranting enhancement of sentence for illegal
re-entry under U.S.S.G. § 2L1.2(b)(1)(A)).
SEXUAL ABUSE OF A MINOR - INDECENT ASSAULT ON A CHILD
Emile v. INS,
244 F.3d 183 (1st Cir. Mar. 30, 2001) (Massachusetts conviction
for indecent assault and battery on a child under 14, in violation
of Mass. Gen. Laws ch. 265 § 13B, qualified as an aggravated
felony under INA § 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A),
since state statute included conduct that, with an appropriate
federal nexus, would violate federal sexual abuse statutes).
DRUG TRAFFICKING - POSSESSION
United States v. Valenzuela-Escalante,
130 F.3d 944 (10th Cir. Dec. 5, 1997) (Utah felony conviction
of possession of a controlled substance, in violation of U.C.A.
§ 58-37-8, constituted an aggravated felony under INA 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B) for purposes of enhancing sentence
for illegal re-entry).
DRUG TRAFFICKING - POSSESSION FOR SALE
United States v. Guerrero-Hernandez,
95 F.3d 983 (10th Cir. Sept. 6, 1996) (New Mexico conviction
for possession of marijuana or hashish for sale qualified
as aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.
1101(a)(43)(B) for purposes of enhancing sentence under U.S.S.G.
§ 2L1.2(b)(2) for illegal re-entry).
DRUG TRAFFICKING - POSSESSION
United States v. Cabrera-Sosa, 81
F.3d 998 (10th Cir. Apr. 16, 1996), cert. denied, 519 U.S.
885 (1996) (New York conviction for felony possession of cocaine
was aggravated felony).
DRUG TRAFFICKING - ATTEMPTED SALE OF A CONTROLLED SUBSTANCE
United
States v. Phillips, 413 F.3d 1288 (11th Cir. June 22, 2005)
(state conviction of attempted sale of a controlled substance
is a drug trafficking offense for sentencing purposes).
DRUG TRAFFICKING - POSSESSION FOR SALE
Fequiere v. Ashcroft, 279
F.3d 1325, 1326 n.3 (11th Cir. Jan. 25, 2002) (Florida conviction
of possession of cocaine with intent to distribute, in violation
of Fla. Stat. Ann. § 893.13, constituted an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B) for removal
purposes).
DRUG TRAFFICKING - POSSESSION
United States v. Simon, 168 F.3d
1271 (11th Cir. Mar. 4, 1999), cert. denied, 528 U.S. 844,
120 S.Ct. 114 (1999) (Florida conviction for possession of
cocaine was a "drug trafficking crime," under 18
U.S.C. § 924(c), and thus defendant was subject to 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A) (1997) of illegal
re-entry sentence for aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.
DRUG TRAFFICKING - SECOND POSSESSION
Matter of Elgendi, 23 I. &
N. Dec. 515 (BIA Oct. 31, 2002) (en banc) (New York second
misdemeanor conviction of possession of marijuana in the fifth
degree, in violation of New York Penal Law § 221.10, did not
constitute a drug trafficking crime, under 18 U.S.C. § 924(c)(2),
under the Second Circuit test of United States v. Pornes-Garcia,
171 F.3d 142 (2d Cir. Mar.
DRUG TRAFFICKING - SECOND POSSESSION
Matter of Santos-Lopez, 23
I. & N. Dec. 419 (BIA May 14, 2002) (en banc) (Texas state
court misdemeanor convictions for possession of two ounces
or less of marijuana, in violation of Texas Penal Code § 481.121,
punishable by "confinement in jail for a term not to
exceed 180 days" are not felony convictions within the
meaning of 18 U.S.C.