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be a felony if prosecuted under federal law), withdrawn on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

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).

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.

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

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).

Ali v. Ashcroft, 395 F.3d
722 (7th Cir. Jan. 11, 2005) (Illinois felony conviction of
possession with intent to distribute THC, in violation of
Wis. Stat. § 961.41(1m)(h)(1), held an aggravated felony under
INA § 101(a)(43)(B), 8 U.S.C.