Book updates to AF (Aggravated Felonies)

POSSESSION FOR SALE - DRUG TRAFFICKING

United States v. Samaniego-Rodriguez,
32 F.3d 242, 243 n.3 (7th Cir. Aug. 4, 1994), cert. denied,
514 U.S. 1052 (Apr. 3, 1995) (Illinois conviction of possession
of cocaine with intent to deliver is an aggravated felony,
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for
purposes of enhancing sentence for illegal re-entry).

jurisdiction: 
Seventh Circuit

POSSESSION FOR SALE - DRUG TRAFFICKING

United States v. Galvan-Zermeno,
52 F.Supp.2d 922 (C.D.Ill. May 21, 1999) (Illinois felony
conviction for possession of a controlled substance with intent
to deliver was an "aggravated felony" under INA
§ 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for purposes of
U.S.S.G. § 2L1.2(b)(1)(A) 16-level sentence enhancement for
illegal re-entry, since state felony is considered a felony
under 18 U.S.C. § 924(c)).

jurisdiction: 
Lower Courts of Seventh Circuit

AIDING POSSESSION FOR SALE - DRUG TRAFFICKING

United States v. Baca-Valenzuela,
118 F.3d 1223 (8th Cir. July 7, 1997) (federal conviction
of aiding and abetting possession of cocaine with intent to
distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C.
§ 2, constituted aggravated felony, under INA 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of enhancing illegal
re-entry sentence under U.S.S.G.

jurisdiction: 
Eighth Circuit

BUYING MARIJUANA - DRUG TRAFFICKING

United States v. Briones-Mata,
116 F.3d 308 (8th Cir. May 12, 1997) (Florida felony conviction
for buying marijuana constituted aggravated felony, under
INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for purposes
of enhancing illegal re-entry sentence under U.S.S.G. § 2L1.2(b)(2),
despite the fact the conviction would have been a misdemeanor
under federal law).

jurisdiction: 
Eighth Circuit

DRUG TRAFFICKING

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.

jurisdiction: 
Fifth Circuit

SOLICITATION TO TRANSPORT FOR SALE - DRUG TRAFFICKING

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).

jurisdiction: 
Fifth Circuit

TRAVEL ACT CONVICTION - DRUG TRAFFICKING

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.

jurisdiction: 
Fifth Circuit

POSSESSION FOR DISTRIBUTION - DRUG TRAFFICKING

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).

jurisdiction: 
Fifth Circuit

POSSESS HEROIN WITH INTENT TO DISTRIBUTE - CONSPIRACY

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).

jurisdiction: 
Fifth Circuit

CONSPIRACY TO POSSESS FOR SALE - DRUG TRAFFICKING

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)).

jurisdiction: 
Fifth Circuit

Archives

Sep 2010

Categories

Tags