United States v. Haggerty, 85 F.3d 403
(8th Cir. June 10, 1996) (California conviction of possession
of methamphetamine, in violation of California Health &
Safety Code § 11377(a), 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.

Ferreira v. Ashcroft, 382 F.3d
1045 (9th Cir. Sept.

United States v. Rios-Beltran, 361 F.3d
1204 (9th Cir. Mar. 24, 2004) (Oregon conviction of possession
of a Schedule II controlled substance, a Class C felony under
Oregon law with a maximum term of imprisonment of five years,
Or. Rev. Stat. § 475.992(4)(b), 161.605(3), was found to
be a felony for purposes of INA § 101(a)(43)(B), 8 U.S.C.

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be a felony if prosecuted under federal law), withdrawn on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. Pornes-Garcia, 171 F.3d
142 (2d Cir. Mar. 26, 1999), cert. denied, 528 U.S. 880, 120
S.Ct. 191 (1999) (New York conviction of felony attempted
criminal possession of cocaine in the first degree, in violation
of N.Y. Penal Law § 110.05(1), constituted an "aggravated
felony " under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
justifying 16-level enhancement under U.S.S.G.

Aguirre v. INS, 79 F.3d 315 (2d Cir. Mar.
22, 1996) (New York conviction of possession of a controlled
substance in the second degree, in violation of N.Y.Pen.L.
§ 220.18, that was felony under state law but not federal
law, did not qualify as an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of deportation), overruling
Jenkins v. INS, 32 F.3d 11 (2d Cir. 1994).