Is a state conviction for possession of a small amount of marijuana an aggravated felony?

1. I recognize that the question whether a state conviction is for an "aggravated felony" is to be determined categorically, by the conduct proscribed by the state statute, and not by the actual conduct of the offender. See United States v. Lomas, 30 F.3d 1191, 1193 (9th Cir. 1994). The crime here is simple possession. If that crime is viewed as an aggravated felony, results like the present one will be common.

1. I recognize that the question whether a state conviction is for an "aggravated felony" is to be determined categorically, by the conduct proscribed by the state statute, and not by the actual conduct of the offender. See United States v. Lomas, 30 F.3d 1191, 1193 (9th Cir. 1994). The crime here is simple possession. If that crime is viewed as an aggravated felony, results like the present one will be common.