Fernandez-Santander v. Thornburgh, 751
F.Supp. 1007 (D.Me. Nov. 9, 1990) (Maine conviction for distribution
of controlled substances, in violation of 17-A M.R.S.A. §
1103, qualified as a "drug trafficking crime" that
in turn qualified as an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.

Gousse v. Ashcroft,
339 F.3d 91 (2d Cir. Aug. 6, 2003) (Connecticut conviction
under Conn. Gen. Stat. § 21a-277(a) constitutes conviction
for "illicit trafficking in a controlled substance"
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

United States v. Paredes-Batista, 140 F.3d
367 (2d Cir. Mar. 18, 1998), cert. denied, 525 U.S. 859, 119
S.Ct. 143 (Oct. 5, 1998) (New York conviction under N.Y. Penal
Law § 220.31, which provides that "[a] person is guilty
of criminal sale of a controlled substance in the fifth degree
when he knowingly and unlawfully sells a controlled substance,"
constituted an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.

United States v. Polanco, 29 F.3d 35 (2d
Cir. July 12, 1994) (New York conviction for sale of five
grams of cocaine, a controlled substance, in violation of
N.Y.Penal Law § 220.34, a Class C felony, constituted an "aggravated
felony" under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of illegal re-entry sentencing enhancement under
U.S.S.G. § 2L1.2(b)(1)(A)).

United States v. Liranzo, 944 F.2d 73,
78-79 (2d Cir. Sept.

Copeland v. Ashcroft,
246 F.Supp.2d 183 (W.D.N.Y. Feb. 10, 2003) (New York misdemeanor
conviction of Criminal Sale of Marijuana in the Fourth Degree,
in violation of New York Penal Law § 221.40, constitutes an
aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.

Manzueta v. Ashcroft, 206 F.Supp.2d 386
(W.D.N.Y. Mar. 29, 2002) (New York conviction for Criminal
Sale of a Controlled Substance in the Third Degree, in violation
of New York Penal Law § 220.39, constituted illicit trafficking
in a controlled substance, an "aggravated felony"
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

Romero v. Reno, 198 F.Supp.2d 276 (W.D.N.Y.
Sept. 25, 2001) (New York conviction for criminal sale of
controlled substance in the third degree, in violation of
N.Y. Penal Law § 220.43, constituted conviction for aggravated
felony, under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

United States v. Gomez-Ortiz,
62 F.Supp.2d 508 (D.R.I. Aug. 4, 1999) (Massachusetts misdemeanor
conviction for first-offense possession with intent to distribute,
in violation of M.G.L. 94C, § 32C(a) and M.G.L. 274 1, did
not constitute "felony," and was therefore not "aggravated
felony," under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of U.S.S.G.

United States v. Graham, 927 F.Supp. 619
(W.D.N.Y. June 18, 1996) (New York misdemeanor conviction
for criminal sale of marijuana constituted aggravated felony
under former INA § 101(a)(43)(C), 8 U.S.C. 1101(a)(43)(C)
(now INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)), even
though prior conviction was misdemeanor under New York state
law).