Prior state conviction for drug possession is not “aggravated felony” for sentencing purposes for illegal reentry to U.S.
STATUTORY CONSTRUCTION United States v. Martinez-Macias, No. 05-3243, ___ F.3d ___ (10th Cir. Jan. 3, 2007)(Kansas). Appeal of conviction and sentence for illegally reentering United States in violation of 8 U.S.C. §§ 1326(a) and (b)(2). HELD: In light of Supreme Court’s holding in Lopez v. Gonzales, No. 05-547, 549 U.S.___, ___ S.Ct. ___ (Dec. 5, 2006), defendant’s prior state conviction for mere possession of controlled dangerous substance is not “aggravated felony” for sentencing purposes of 18 U.S.C. § 1326(b)(2) or U.S.S.G. § 2L1.2(b)(1)(C) for crime of illegal reentry to United States after deportation for “aggravated felony.” Read the opinion here. |
Comments on "Prior state conviction for drug possession is not “aggravated felony” for sentencing purposes for illegal reentry to U.S."