United States v. Rodriguez-Duberney,
326 F.3d 613 (5th Cir. Mar. 25, 2003) (federal: since courts
consideration of whether a prior conviction constitutes a
drug trafficking offense under U.S.S.G. § 2L1.2(b)(1)(A)(i)
does not require a determination whether the offense "by
its nature" fits a certain definition, contrary to the
question whether a conviction constitutes a "crime of
violence" under 18 U.S.C.

United States v. Caicedo-Cuero, 312
F.3d 697 (5th Cir. Nov. 14, 2002) (Texas conviction of possession
of marijuana, in violation of Health & Safety Code § 481.121(b)(3),
which was a "state jail felony" with a maximum of
two years, 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 under U.S.S.G.

United States v. Rivera, 265 F.3d
310 (5th Cir. Sept. 7, 2001), cert. denied, 122 S.Ct. 1105
(2002) (Texas felony conviction for possession of controlled
substance qualified as "aggravated felony" under
INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for purpose
of enhancing illegal re-entry sentence).

United States v. Hernandez-Avalos,
251 F.3d 505 (5th Cir. May 11, 2001), cert. denied, 122 S.Ct.
305 (2001) (Colorado felony heroin possession conviction,
in violation of Colo.Rev.Stat. Ann. § 18-18-203, 18-18-405,
18-1-105, was a "drug trafficking crime" under 18
U.S.C. § 924(c), and, therefore, an "aggravated felony"
within the meaning of INA § 101(a)(43)(B), 8 U.S.C.

United States v. Hinojosa-Lopez,
130 F.3d 691 (5th Cir. Dec. 4, 1997) (Texas felony conviction
for possession of marijuana, in violation of Texas Health
& Safety Code § 481.121, was "aggravated felony"
as defined by INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)
requiring 16-level increase under U.S.S.G. § 2L1.2(b)(2) for
illegal re-entry conviction), superseded by statute as stated
in United States v.

United States v.
Trevino-Martinez, 86 F.3d 65 (5th Cir. June 7, 1996), cert.
denied, 520 U.S. 1105, 117 S.Ct. 1109 (1997) (Texas conviction
of possession of marijuana with intent to distribute constitutes
an aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.
1101(a)(43)(B) for deportation purposes).

Martins v. INS,
972 F.2d 657 (5th Cir. Sept. 23, 1992) (federal conviction
for conspiracy to possess heroin with intent to distribute
was "drug trafficking crime," and was thus an "aggravated
felony " under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

United States v.
Sanchez, 179 F.Supp.2d 689 (W.D.Tex. Dec. 26, 2001) (Texas
felony conviction for possession of cocaine for personal use
was not an aggravated felony under U.S.S.G. § 2L1.2(b)(1)(C)
(effective Nov. 1, 2001), requiring eight-level increase in
offense level of illegal re-entry conviction, since the new
Guidelines in U.S.S.G.

United
States v. Palacios-Suarez, 418 F.3d 692 (6th Cir. Jul. 22,
2005) (Ohio conviction for misdemeanor simple possession of
a controlled substance, in violation of Ohio Rev.Code Ann.
§ 2925.11(A), is not an aggravated felony for illegal
re-entry sentencing purposes, because the offense is not a
felony).

United
States v. Palacios-Suarez, 418 F.3d 692 (6th Cir. Jul. 22,
2005) (Kentucky conviction for misdemeanor simple possession
of a controlled substance, in violation of Ky.Rev.Stat. Ann.
§ 218A.1415(1), is not an aggravated felony for illegal
re-entry sentencing purposes, because the offense is not a
felony).