Reymundo Toledo-Flores v. United States

Subject:

Immigration Law, Criminal Law, Controlled Substances Act

1. Whether an immigrant who is convicted in state court of a drug crime that is a felony under the state's law but that would only be a misdemeanor under federal law has committed an "aggravated felony" for purposes of the immigration laws.
   
   
2. Has the Fifth Circuit erred in holding - in opposition to the Second, Third, Sixth, and Ninth Circuits - that a state felony conviction for simple possession of a controlled substance is a "drug trafficking crime" under 18 U.S.C. § 924(c) (2) and hence an "aggravated felony," under 8 U.S.C. § 1101(a) (43) (B), even though the same crime is a misdemeanor under federal law?

• U.S. Court of Appeals - 8th Circuit (Lopez v. Gonzales) Opinion Filed: August 9, 2005
• U.S. Court of Appeals - 5th Circuit (Toledo-Flores), Unpublished opinion Filed: August 17, 2005
• United States Supreme Court, Cert. Granted: April 3, 2006
• United States Supreme Court, Decided: December 5, 2006

Resources:

• Docket Sheet - No. 05-547 From the U.S. Supreme Court.
• Docket Sheet - No. 05-7664 From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket