POSSESSION - DRUG TRAFFICKING

United States v. Haggerty, 85 F.3d 403
(8th Cir. June 10, 1996) (California conviction of possession
of methamphetamine, in violation of California Health &
Safety Code § 11377(a), constituted aggravated felony, under
INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for purposes
of enhancing illegal re-entry sentence under U.S.S.G.

jurisdiction: 
Eighth Circuit

SECOND POSSESSION - DRUG TRAFFICKING

Ferreira v. Ashcroft, 382 F.3d
1045 (9th Cir. Sept.

jurisdiction: 
Ninth Circuit

POSSESSION - DRUG TRAFFICKING

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.

jurisdiction: 
Ninth Circuit

POSSESSION - DRUG TRAFFICKING

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be a felony if prosecuted under federal law), withdrawn on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).

jurisdiction: 
Ninth Circuit

POSSESSION OF A CONTROLLED SUBSTANCE - DRUG TRAFFICKING

United States
v. Soberanes, 318 F.3d 959 (9th Cir. Feb. 10, 2003) (Arizona
conviction for possession of eight pounds of marijuana, a
Class 5 felony under Ariz.Rev.Stat. § 13- 3405(B)(3), 13-1001(C)(4),
qualified as "aggravated felony" under U.S.S.G.
§ 2L1.2(b)(1)(C), to enhance sentence of defendant convicted
of unlawful re-entry).

jurisdiction: 
Ninth Circuit

SECOND POSSESSION OF MARIJUANA - DRUG TRAFFICKING

United States v.
Ballesteros-Ruiz, 319 F.3d 1101 (9th Cir. Feb. 10, 2003) (Arizona
second conviction of possession of marijuana, in violation
of A.R.S.

jurisdiction: 
Ninth Circuit

POSSESSION - DRUG TRAFFICKING

United States v. Arellano-Torres, 303 F.3d
1173 (9th Cir.

jurisdiction: 
Ninth Circuit

POSSESSION - DRUG TRAFFICKING

United States v. Pornes-Garcia, 171 F.3d
142 (2d Cir. Mar. 26, 1999), cert. denied, 528 U.S. 880, 120
S.Ct. 191 (1999) (New York conviction of felony attempted
criminal possession of cocaine in the first degree, in violation
of N.Y. Penal Law § 110.05(1), constituted an "aggravated
felony " under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
justifying 16-level enhancement under U.S.S.G.

jurisdiction: 
Second Circuit

POSSESSION - DRUG TRAFFICKING

Aguirre v. INS, 79 F.3d 315 (2d Cir. Mar.
22, 1996) (New York conviction of possession of a controlled
substance in the second degree, in violation of N.Y.Pen.L.
§ 220.18, that was felony under state law but not federal
law, did not qualify as an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of deportation), overruling
Jenkins v. INS, 32 F.3d 11 (2d Cir. 1994).

jurisdiction: 
Second Circuit

POSSESSION - DRUG TRAFFICKING

Jenkins v. INS, 32 F.3d 11 (2d Cir. July
12, 1994) (New York conviction that was felony under state
law, but misdemeanor under federal law, qualified as conviction
of "aggravated felony" under statute regarding automatic
stay of deportation), overruled by Aguirre v. INS, 79 F.3d
315 (2d Cir. Mar. 22, 1996).

jurisdiction: 
Second Circuit

 

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