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LOPEZ v. GONZALES

No. 05-547.

127 S.Ct. 625 (2006)

549 U.S. 47

166 L.Ed.2d 462

Jose Antonio LOPEZ, Petitioner, v. Alberto R. GONZALES, Attorney General.

Supreme Court of United States.

Decided December 5, 2006.

Attorney(s) appearing for the Case

Patricia G. Mattos , Mattos Law Office, St. Paul, MN, Robert A. Long , Counsel of Record, Theodore P. Metzler , Covington & Burling LLP, Washington, DC, for Petitioner.

Paul D. Clement , Solicitor General, Counsel of Record, Peter D. Keisler , Alice S. Fisher , Assistant Attorneys General, Edwin S. Kneedler , Michael R. Dreeben , Deputy Solicitors General, Patricia A. Millett , Assistant to the Solicitor General, Donald E. Keener , John Andre , Thomas M. Gannon , Margaret Perry , Bryan S. Beier , Attorneys, Department of Justice, Washington, D.C., for respondents.

The question raised is whether conduct made a felony under state law but a misdemeanor under the Controlled Substances Act is a "felony punishable under the Controlled Substances Act." 18 U.S.C. § 924(c)(2). We hold it is not.

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