United States v. Palacios-Quinonez,
431 F.3d 471 (5th Cir. Nov. 29, 2005) (California conviction
of "possession" of a controlled substance for purposes
of U.S.S.G. § 2L1.2(b)(1)(A)(i), includes constructive possession;
purchase for sale of a controlled substance, in violation
of California Penal Code § 11351 is an aggravated felony drug
trafficking offense for sentencing purposes).
United States v. Garza-Lopez, 410 F.3d 268 (5th
Cir. May 19, 2005) (California conviction for "[t]ransport/sell
methamphetamine" under Cal. Health & Safety Code
§ 11379(a) did not constitute conviction of drug trafficking
with sentence imposed in excess of 13 months for purposes
of triggering a sentence enhancement under U.S.S.G.
Peters v. Ashcroft,
383 F.3d 302 (5th Cir. Aug. 27, 2004) (Arizona conviction
of felony solicitation to transport marijuana for sale, in
violation of A.R.S. § 13-1002, subd. B, par. 2, 13-3405,
subd. B, par. 11, is a controlled substance conviction for
deportation purposes), following Matter of Beltran, 20 I.
& N. Dec. 521 (BIA May 28, 1992).
United States v. Rodriguez-Duberney,
326 F.3d 613 (5th Cir. Mar. 25, 2003) (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. 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), (U), 8 U.S.C. 1101(a)(43)(B),
(U), which rendered noncitizen statutorily ineligible to apply
for asylum).
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. Murillo-Iniguez,
318 F.3d 709 (6th Cir. Feb. 5, 2003) (federal conviction of
importation of cocaine, in violation of 21 U.S.C. § 952(a)(1),
constituted an aggravated felony for purposes of imposing
a sentence enhancement for illegal re-entry).
Pulice v. INS, 218 F.3d 505 (6th
Cir. June 13, 2000) (federal conviction of possession with
intent to distribute marijuana in violation of 21 U.S.C. §
841(a)(1) constituted aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B) for immigration purposes).
Nakhleh v. INS, 38 F.3d 829 (6th Cir. Oct.
27, 1994) (Michigan conviction of illegal delivery of cocaine,
in violation of Mich.Comp. Laws 333.7401, constitutes an aggravated
felony for immigration purposes under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)).