Wilson v. Ashcroft, 350 F.3d 377 (3d Cir. Nov. 26, 2003) (New
Jersey conviction for possession of marijuana with intent
to distribute could not be determined to be aggravated felony
since court could not determine from state court judgment
whether crime could be categorized as a felony under state
law involving "drug trafficking").

Gerbier v. Holmes,
280 F.3d 297 (3d Cir. Feb. 8, 2002) (Delaware conviction of
"trafficking in cocaine," in violation of Del.Code
Ann. tit. 16, § 4753A(2)(a), that was based on possession
of between 5 and 50 grams of cocaine, did not constitute an
"aggravated felony " under INA § 101(a)(43)(B),
8 U.S.C.

Steele v. Blackman, 236 F.3d
130 (3d Cir. Jan. 2, 2001) (New York second misdemeanor conviction
for distribution of 30 grams or less of marijuana without
remuneration was not for a hypothetical offense punishable
as a felony under the federal Controlled Substances Act and
therefore was not an "aggravated felony" under INA
§ 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B) for immigration
purposes).

United States v. Amaya-Portillo, 423 F.3d
427 (4th Cir. Sept. 6, 2005) (Maryland conviction of misdemeanor
simple possession of cocaine, in violation of Md.Code, Art.
27, 287(e), was not an aggravated felony for sentencing purposes,
as the state offense is not a felony, even though the offense
was punishable by up to four years imprisonment).

United States v. Wilson, 316 F.3d 506 (4th
Cir. Jan. 16, 2003) (Virginia conviction of simple possession
of an unknown quantity of cocaine, a controlled substance,
a felony under state law, Va.Code § 18.2-250(a), constituted
an aggravated felony, for purposes of enhancing a sentence
for illegal re-entry pursuant to U.S.S.G. § 2L1.2, even though
it would only have been chargeable as a misdemeanor in federal
court).

United States
v. Arizaga-Acosta, 436 F.3d 506 (5th Cir. Jan. 12, 2006) (federal
conviction for conspiracy to possess a listed chemical (ephedrine)
with intent to manufacture methamphetamine, under 21 U.S.C.
§ 841(d)(1), held not to qualify as a "drug-trafficking
offense" under U.S.S.G. § 2L1.2, for purposes of imposing
a sentence enhancement to an illegal re-entry sentence, because
the U.S.

Salazar-Regino v. Trominski, 415 F.3d 436
(5th Cir. June 30, 2005) (Texas deferred adjudication following
guilty plea to felony possession of marijuana constituted
a conviction for removal purposes under INA § 101(a)(48)(A),
8 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.