Berhe v. Gonzales, ___ F.3d ___, 2006 WL 2729689 (1st Cir. Sept. 26, 2006) (Massachusetts 1996 conviction of misdemeanor simple possession of crack cocaine under Mass. Gen. Laws ch. 94C, 34, and Massachusetts 2003 misdemeanor conviction of simple possession of crack cocaine, were not aggravated felony drug trafficking convictions under INA 101(a)(43)(B), 8 U.S.C.

Hernandez-Gonzalez v. Moyer, 907 F.Supp.
1224, 1227 (N.D.Ill. Dec. 8, 1995) (Illinois conviction of
armed robbery constitutes a theft offense, with a sentence
imposed of at least five years, and is therefore an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(43)(G) for
immigration purposes).

Jaggerneuth v. U.S. Atty General, 432
F.3d 1346 (11th Cir. Dec. 19, 2005) (Florida conviction of
grand theft, in violation of Fla. Stat. § 812.014(1), did
not constitute aggravated felony theft, under INA § 101(a)(43)(G),
8 U.S.C.

United States v. Christopher, 239 F.3d
1191 (11th Cir. Jan. 22, 2001), cert. denied, 122 S.Ct. 178
(2001) (Georgia conviction for misdemeanor shoplifting, with
a maximum of one year, qualified as an aggravated felony under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for enhancing
illegal re-entry sentence pursuant to U.S.S.G.

United States v. Graham, 169 F.3d 787
(3d Cir. Mar. 5, 1999), cert. denied, 528 U.S. 845 (1999)
(New York conviction of petit larceny with sentence imposed
of one year or more was "aggravated felony" under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), for purposes
of illegal re-entry sentencing enhancement, even though it
was a misdemeanor under state law).

Soliman v. Gonzales, 419 F.3d 276 (4th Cir. Aug.

United States
v. Dabeit, 231 F.3d 979 (5th Cir. Oct. 30, 2000), cert. denied,
531 U.S. 1202, 121 S.Ct. 1214 (2001) (federal conviction for
conspiracy to perpetrate a checking and savings account kite
scheme, in violation of 18 U.S.C. § 2113(b), was an "aggravated
felony," under an attempted theft theory of INA § 101(a)(43)(G),
(U), 8 U.S.C.

United States v. Mejia-Barba, 327
F.3d 678 (8th Cir. May 5, 2003) (Iowa conviction of identity
theft, in violation of Iowa Code § 715A.8, constitutes aggravated
felony as a "theft offense" as defined in INA §
101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G), for purposes of
eight-level sentence enhancement under United States Sentencing
Guideline § 2L1.2(b)(1)(C), for illegal re-entry conviction).

United States v. Vidal, 426 F.3d
1011 (9th Cir. Oct. 24, 2005) (California conviction of unlawful
taking of a vehicle, in violation of Vehicle Code § 10851,
constitutes an aggravated felony under the, for purposes of
an eight-level increase in the base offense level for an illegal
re-entry sentence).

Penuliar v. Ashcroft,
395 F.3d 1037 (9th Cir. Jan. 12, 2005) (California conviction
of unlawful driving or taking a vehicle, in violation of Vehicle
Code § 10851(a), was not a theft offense, within the meaning
of INA § 101(a)(43)(G), 8 U.S.C.