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)).

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).

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.

United States v. Castro-Rocha, 323 F.3d
846 (10th Cir. Mar. 25, 2003) (Texas state drug conviction
of possession of a controlled substance, for which the defendant
was sentenced to a one-year term of imprisonment (suspended),
constituted a felony under Texas law, and an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C.

United States v. Lugo, 170 F.3d
996 (10th Cir. Mar. 11, 1999) (Utah conviction of attempted
possession of a controlled substance, in violation of U.C.A.1953,
58-37-8(1)(a)(ii), 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).

United States v. Palacios-Suarez,
418 F.3d 692 (6th Cir. Jul. 22, 2005) (Ohio conviction for
misdemeanor simple possession of a controlled substance, in
violation of Ohio Rev.Code Ann. § 2925.11(A), is not
an aggravated felony for illegal re-entry sentencing purposes,
because the offense is not a felony).

United States v. Palacios-Suarez,
418 F.3d 692 (6th Cir. Jul. 22, 2005) (Kentucky conviction
for misdemeanor simple possession of a controlled substance,
in violation of Ky.Rev.Stat. Ann. § 218A.1415(1), is
not an aggravated felony for illegal re-entry sentencing purposes,
because the offense is not a felony).

United States v. Palacios-Suarez,
418 F.3d 692 (6th Cir. Jul. 22, 2005) (second state misdemeanor
drug possession conviction was not a "hypothetical federal
felony" for aggravated felony purposes, based upon recidivist
provision of Controlled Substance Act (CSA), because the second
offense occurred before the first drug possession conviction
became final).

Liao v. Rabbett, 398 F.3d 389
(6th Cir. Feb. 7, 2005) (Ohio conviction of possession of
heroin, in violation of Ohio Rev. Code § 2925.11, a "fifth
degree felony" under Ohio law, which is punishable by
a maximum term of 12 months imprisonment, did not constitute
an aggravated felony drug trafficking offense, under INA §
101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B)).

TRAFFICKINGGonzalez-Gomez v. Achim, __ F.3d __, 2006
WL 708678 (7th Cir. Mar. 22, 2006) (state felony conviction
for drug possession is not an aggravated felony drug trafficking
offense where the offense would only be punishable as a misdemeanor
under the applicable federal statute).