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: Fifth Circuit Blog

Second or Subsequent Simple Possession Not Aggravated Felony Unless Record of Conviction Shows It Was Based on Fact of Prior Drug Conviction

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Carachuri-Rosendo v. Holder, No. 09-60 (U.S. June 14, 2010)As with so many other common issues in our neck of the woods, you're no doubt familiar with this one if you regularly handle illegal reentry cases. Today the Supreme Court held, reversing a decision from the Fifth Circuit, "that second or subsequent simple possession offenses are not aggravated felonies under [8 U.S.C.] § 1101(a)(43)

Full post as published by Fifth Circuit Blog on June 14, 2010 (boomark / email).

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