Brief filed: 10/14/2005
Sanchez-Villalobos v. United States
United States Supreme Court; Case No. 05-484
On certiorari to the U.S. Court of Appeals for the Fifth Circuit
(1) Does state-law offense that would not be punishable as felony under federal law constitute "aggravated felony" under 8 U.S.C. § 1101(a)(43)(B)? (2) May recidivist enhancements be considered in determining whether offense would be punishable as federal felony and therefore constitute "aggravated felony" under 8 U.S.C. § 1101(a)(43)(B)? (3) Should available punishment, separate from classification of offense under state law, determine whether offense constitutes state felony and therefore "aggravated felony" under 8 U.S.C. § 1101(a)(43)(B)?
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