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).

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be a felony if prosecuted under federal law), withdrawn on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