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- Lopez v. Gonzales, 549 U.S. 47 (2006), held that an "aggravated felony" includes only conduct punishable as a felony under the federal Controlled Substances Act, regardless of whether state law classifies such conduct as a felony or a misdemeanor. Under federal law, there are two main consequences of having a prior conviction for an "aggravated felony." One is that, if the convicted person is an alien, he will be deported. The other is that, with respect to certain federal crimes, a prior conviction for an aggravated felony provides a sentencing enhancement. In this case, Lopez had been convicted of conduct that was a felony under South Dakota law but was a misdemeanor under federal law. Accordingly, the U.S. Supreme Court ruled that this conviction could not serve as a basis for deporting him. (en)
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- Lopez v. Gonzales, 549 U.S. 47 (en)
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- Jose Antonio Lopez v. Alberto Gonzales, Attorney General of the United States (en)
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- Conduct that is a misdemeanor under the federal Controlled Substances Act is not a "felony punishable under the Controlled Substances Act," and hence an aggravated felony that makes an eligible for deportation, even if that conduct constitutes a felony under state law. (en)
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- Roberts, Stevens, Scalia, Kennedy, Ginsburg, Breyer, Alito (en)
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- Lopez v. Gonzales, 549 U.S. 47 (2006), held that an "aggravated felony" includes only conduct punishable as a felony under the federal Controlled Substances Act, regardless of whether state law classifies such conduct as a felony or a misdemeanor. Under federal law, there are two main consequences of having a prior conviction for an "aggravated felony." One is that, if the convicted person is an alien, he will be deported. The other is that, with respect to certain federal crimes, a prior conviction for an aggravated felony provides a sentencing enhancement. In this case, Lopez had been convicted of conduct that was a felony under South Dakota law but was a misdemeanor under federal law. Accordingly, the U.S. Supreme Court ruled that this conviction could not serve as a basis for deporting (en)
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- (en)
- Jose Antonio Lopez v. Alberto Gonzales, Attorney General of the United States (en)
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