U.S. v. RAMIREZ

Docket No. 02-1768.

344 F.3d 247 (2003)

UNITED STATES of America, Appellant, v. Miguel A. RAMIREZ, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 18, 2003.


Attorney(s) appearing for the Case

David Berardinelli, Assistant United States Attorney, Southern District of New York, New York, New York (James B. Comey, United States Attorney; Gary Stein, Assistant United States Attorney, on the brief), for Appellant.

Roger L. Stavis, Stavis & Kornfeld, L.L.P., New York, New York (Laura J. Lefkowitz, on the brief), for Defendant-Appellee.

Before: CALABRESI, RAGGI, and WESLEY, Circuit Judges.


RAGGI, Circuit Judge.

This appeal again presents us with the question whether a state felony conviction for simple drug possession constitutes an aggravated felony under U.S.S.G. § 2L1.2(b)(1), the guideline that identifies specific offense characteristic enhancements for violations of 8 U.S.C. § 1326 (unlawful reentry after deportation). When, in United States v. Pornes-Garcia, 171 F.3d 142, 145 (2d Cir.1999), we...

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