Book updates to AF (Aggravated Felonies)

MAINTAINING A PLACE TO STORE DRUGS FOR SALE - DRUG TRAFFICKING OFFENSES

Salviejo-Fernandez v. Gonzales, ___ F.3d ___ (9th Cir. Jul.
31, 2006) (California conviction of maintaining a place to
store drugs for sale, in violation of Health & Safety
Code § 11366, constitutes a drug trafficking aggravated
felony under INA § 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B),
for immigration purposes).

jurisdiction: 
Ninth Circuit

N

ote: The majority
holds that a violation of California Heath & Safety Code
§ 11366 is a categorical match for 21 U.S.C. § 856
(i.e., has the exact same elements and covers the same range
of offenses), and is thus categorically an aggravated felony
drug offense.

jurisdiction: 
Other

POSSESSION FOR SALE OR PURCHASE OF COCAINE BASE FOR SALE - DRUG TRAFFICKING

United States v. Morales-Perez, 438 F.3d 971 (9th Cir. Feb.
22, 2006) (California conviction for possession or purchase
of cocaine base for purposes of sale, in violation of California
Health & Safety Code § 11351.5, is not categorically a
drug trafficking offense within the meaning of U.S.S.G.

jurisdiction: 
Ninth Circuit

POSSESSION FOR SALE - DRUG TRAFFICKING

United States v. Benitez-Perez,
367 F.3d 1200 (9th Cir. May 20, 2004) (Nevada conviction for
a violation of N.R.S. § 453.337.1, which provides that "it
is unlawful for a person to possess for the purpose of sale
. . . any controlled substance classified in schedule I or
II," constitutes a drug trafficking offense as defined
by U.S.S.G.

jurisdiction: 
Ninth Circuit

ATTEMPTED SALE OF A CONTROLLED SUBSTANCE - DRUG TRAFFICKING

United States
v. Hernandez-Valdovinos, 352 F.3d 1243 (9th Cir. Dec. 17,
2003) (Arizona attempted sale conviction, in violation of
A.R.S. § 13-3408, constituted drug trafficking offense for
illegal re-entry sentence enhancement purposes, under U.S.S.G.
§ 2L1.2).

jurisdiction: 
Ninth Circuit

MONEY LAUNDERING - DRUG TRAFFICKING

Lara-Chacon v. Ashcroft, 345
F.3d 1148 (9th Cir. Oct. 10, 2003) (BIA improperly relied
upon presentence report in finding Arizona conviction for
conspiracy to commit money laundering in violation of Ariz.
Rev. Stat. § 13-1003, 12-2317(A)(1), (C) was a drug trafficking
crime where presentence report indicated respondent was a
drug dealer and the offense involved 15 pounds of marijuana).

jurisdiction: 
Ninth Circuit

TRANSPORTATION DOES NOT EQUAL IMPORTATION OF A CONTROLLED SUBSTANCE - DRUG TRAFFICKING

United States v. Cabaccang, 332 F.3d 622 (9th
Cir. June 6, 2003) (transportation of controlled substances
on a nonstop flight within the United States does not constitute
importation under 21 U.S.C. § 952(a), even though the flight
traveled through international airspace).

jurisdiction: 
Ninth Circuit

SOLICITATION - DRUG TRAFFICKING

United States v. Shumate, 329 F.3d 1026,
1030-1031 (9th Cir. May 20, 2003) (Oregon: the omission of
solicitation from the offenses listed in the application note
as included in U.S.S.G.

jurisdiction: 
Ninth Circuit

POSSESSION FOR SALE - DRUG TRAFFICKING

Jideonwo v. INS, 224 F.3d 692
(7th Cir. Aug. 23, 2000) (federal conviction of conspiracy
to possess with intent to distribute heroin is an "aggravated
felony" under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of disqualifying a noncitizen from eligibility
for a discretionary waiver of deportation).

jurisdiction: 
Seventh Circuit

CONSPIRACY TO DISTRIBUTE - DRUG TRAFFICKING

Turkhan v. INS, 123 F.3d
487, 488 (7th Cir. Aug. 12, 1997) (federal conviction of conspiracy
to distribute cocaine in violation of 21 U.S.C. § 846 constituted
aggravated felony conviction under INA § 101(a)(43)(B), 8
U.S.C. § 1101(a)(43)(B) for deportation purposes), overruled
on other grounds by LaGuerre v. Reno, 164 F.3d 1035 (7th Cir.
Dec. 22, 1998).

jurisdiction: 
Seventh Circuit

Archives

Sep 2010

Categories

Tags