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Toledo-Flores v. United States

Docket No.: 05-7664
Argued: October 3, 2006
Decided: December 5, 2006
Consolidated with: CONSOLIDATED WITH 05-547 FOR ONE HOUR ORAL ARGUMENT.

PartyNames: Reymundo Toledo-Flores v. United States
Petitioner: Reymundo Toledo-Flores
Respondent: United States

Court Below: United States Court of Appeals for the Fifth Circuit

Reymundo Toledo-Flores
v.
United States
549 U.S. 69 (2006)
Question Presented:

:flOmega 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?

Note:

Cert. Granted 4/3/2006

Toledo-Flores v. United States
ORAL ARGUMENT

Oct 3 2006

Holding: dismissed
Vote: 9-0
Opinion By: Per Curiam
Read TOLEDO-FLORES V. UNITED STATES opinion (PDF)
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