POSSESSION - DRUG TRAFFICKING
Matter of LG, 21 I. & N. Dec. 89 (BIA
Sept. 27, 1995) (en banc) (Louisiana conviction of drug possession,
considered a felony under state law, could not be considered
a "felony" under 18 U.S.C. § 924(c)(2), and is therefore
not an "aggravated felony" under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)), overruled in part by Matter of
Yanez-Garcia, 23 I. & N. Dec. 390 (BIA May 13, 2002).
POSSESSION - DRUG TRAFFICKING
Matter of LG, 20 I. & N. Dec. 905 (BIA
Nov. 3, 1994) (federal conviction under 21 U.S.C. § 844(a)
for simple possession of more than 5 grams of a mixture or
substance which contains cocaine base is a conviction for
an aggravated felony under INA § 101(a)(43), 8 U.S.C. 1101(a)(43),
as is a state conviction analogous to such a federal conviction).
POSSESSION - DRUG TRAFFICKING
United States v. Ibarra-Galindo, 206 F.3d
1337 (9th Cir. Mar. 27, 2000), cert. denied, 531 U.S. 1102
(2001) (Washington felony conviction of possession of a controlled
substance, in violation of R.C.W. § 69.50.401(d), carrying
a five-year maximum sentence, constituted an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C.
SOLICITATION TO POSSESS - DRUG TRAFFICKING
United States v. Meza-Corrales,
183 F.3d 1116 (9th Cir. July 16, 1999) (Arizona conviction
for solicitation to possess a controlled substance, in violation
of A.R.S. § 13-1002, 13-3408(A)(1) and (B)(1), is a "felony
drug offense" under 21 U.S.C. § 802(44), for purposes
of federal drug sentencing enhancement under 21 U.S.C. § 841(b)(1)(B)),
distinguishing Coronado-Durazo v. INS, 123 F.3d 1322 (9th
Cir. 1997).
TRANSPORTATION OF DRUGS - DRUG TRAFFICKING
United States v. Casarez-Bravo,
181 F.3d 1074, 1077 (9th Cir. June 22, 1999) (California conviction
of transportation of marijuana under California Health &
Safety Code § 11360 cannot serve as a federal career offender
predicate conviction, and is not an aggravated felony, because
it can be committed for personal use).
SECOND POSSESSION - DRUG TRAFFICKING
United States v. Zarate-Martinez,
133 F.3d 1194 (9th Cir. Jan. 13, 1998), cert. denied, 525
U.S. 849 (1998) (California second conviction for cocaine
possession under Health & Safety Code § 11350(a) was an
aggravated felony under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
because it was both punishable under the federal Controlled
Substances Act and a felony).
SOLICITATION TO POSSESS - DRUG TRAFFICKING
Coronado-Durazo v. INS, 123
F.3d 1322 (9th Cir. Sept. 30, 1997) (Arizona conviction for
solicitation to possess cocaine, under A.R.S.
SECOND POSSESSION - DRUG TRAFFICKING
United States v. Garcia-Olmedo,
112 F.3d 399 (9th Cir. Apr. 22, 1997) (Arizona second conviction
for simple possession of narcotics is 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 INA § 276(b)(2),
8 U.S.C. § 1326(b)(2)).
POSSESSION - DRUG TRAFFICKING
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).
POSSESSION - DRUG TRAFFICKING
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.