DRUG TRAFFICKING - SALE
Urbina-Mauricio v. INS, 989 F.2d 1085 (9th
Cir. Mar. 26, 1993) (California convictions for selling drugs
constituted aggravated felonies under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)).
DRUG TRAFFICKING - SALE
Arthurs v. INS, 959 F.2d 142 (9th Cir.
Mar. 18, 1992) (California conviction for sale of cocaine
was an "aggravated felony" under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)).
DRUG TRAFFICKING - POSSESSION
Diaz-Zaldierna v. Fasano, 43 F.Supp.2d
1114, 1115 n.2 (S.D.Cal. Mar. 16, 1999) (California conviction
of possession of a controlled substance, in violation of Health
and Safety Code § 11350, is not an aggravated felony).
DELIVERY OF CONTROLLED SUBSTANCE
United
States v. Chavez-Diaz, __ F.3d __, 2006 WL 1000811 (10th
Cir. Apr. 18, 2006) (Wyoming conviction for delivery of a
non-narcotic controlled substance constituted an aggravated
felony controlled substance offense for illegal re-entry sentencing
purposes).
DRUG TRAFFICKING - POSSESSION
United States v. Herrera-Roldan,
414 F.3d 1238 (10th Cir. July 13, 2005) (Texas conviction
for possession of more than 50, but no more than 2000, pounds
of marijuana constituted an aggravated felony "drug trafficking
crime," as defined by 18 U.S.C. § 924(c), and thus merited
an 8-level adjustment under U.S.S.G.
DRUG TRAFFICKING - POSSESSION
United States v. Castro-Rocha, 323
F.3d 846 (10th Cir. Mar. 25, 2003) (Texas state drug conviction
of possession of a controlled substance, for which the defendant
was sentenced to a one-year term of imprisonment (suspended),
constituted a felony under Texas law, and an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C.
DRUG TRAFFICKING - ATTEMPTED POSSESSION
United States v. Lugo,
170 F.3d 996 (10th Cir. Mar. 11, 1999) (Utah conviction of
attempted possession of a controlled substance, in violation
of U.C.A.1953, 58-37-8(1)(a)(ii), constituted an "aggravated
felony," under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of enhancing a sentence for illegal re-entry).
DRUG TRAFFICKING - POSSESSION FOR SALE
United States v. Benitez-Perez,
367 F.3d 1200 (9th Cir. May 20, 2004) (Nevada conviction for
a violation of N.R.S. § 453.337.1, which provides that "it
is unlawful for a person to possess for the purpose of sale
. . . any controlled substance classified in schedule I or
II," constitutes a drug trafficking offense as defined
by U.S.S.G.
DRUG TRAFFICKING - POSSESSION
United States v. Rios-Beltran, 361
F.3d 1204 (9th Cir. Mar. 24, 2004) (Oregon conviction of possession
of a Schedule II controlled substance, a Class C felony under
Oregon law with a maximum term of imprisonment of five years,
Or. Rev. Stat. § 475.992(4)(b), 161.605(3), was found to
be a felony for purposes of INA § 101(a)(43)(B), 8 U.S.C.
DRUG TRAFFICKING - SIMPLE POSSESSION
Cazarez-Gutierrez v. Ashcroft,
356 F.3d 1015 (9th Cir. Jan. 26, 2004) (Arizona conviction
for simple possession, in violation of Ariz.Rev.Stat. Ann.
§ 13 3407, cannot be an aggravated felony since the offense
would not be a felony if prosecuted under federal law), withdrawn
on jurisdictional grounds, 366 F.3d 736 (9th Cir. Apr 26,
2004).