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Second or Subsequent Simple Possession Conviction Not An Aggravated Felony If Committed Before First One Became Final

United States v. Andrade-Aguilar, No. 07-41132 (5th Cir. May 27, 2009) (Barksdale, Dennis, Elrod)As you know, our circuit has held that a second or subsequent conviction for simple possession of a controlled substance can be an aggravated felony. (Other circuits disagree.) But the key word is "can." The second or subsequent possession conviction is only an aggravated felony if it was committed

Full post as published by Fifth Circuit Blog on June 02, 2009 (boomark / email).