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Toledo-Flores v. United States
No. 05-7664 Title:

Reymundo Toledo-Flores v. United States

Subject:

Immigration Law, Criminal Law, Controlled Substances Act

Questions:

1. Whether an immigrant who is convicted in state court of a drug crime that is a felony under the state's law but that would only be a misdemeanor under federal law has committed an "aggravated felony" for purposes of the immigration laws.
   
   
2. 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. section 924(c) (2) and hence an "aggravated felony," under 8 U.S.C. section 1101(a) (43) (B), even though the same crime is a misdemeanor under federal law?

Decisions and Reports:

• U.S. Court of Appeals - 8th Circuit (Lopez v. Gonzales) Opinion Filed: August 9, 2005
• U.S. Court of Appeals - 5th Circuit (Toledo-Flores), Unpublished opinion Filed: August 17, 2005
• United States Supreme Court, Cert. Granted: April 3, 2006
• United States Supreme Court, Decided: December 5, 2006

Resources:

• Docket Sheet - No. 05-547 From the U.S. Supreme Court.
• Docket Sheet - No. 05-7664 From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:

    Parties

Petition Phase

• Petitioner's Brief
• Respondent's Brief
• Supplemental Brief of Petitioner
  
  Merits Phase
  
• Brief of Petitioner Lopez
• Brief of Petitioner Toledo-Flores
• Brief of Respondents Attorney General and U.S.
• Reply Brief of Petitioner Lopez
  
  Amici Supporting Petitioner
• Amici Brief of Ctr. for Court Innovation, et al.
• Amicus Brief of Human Rights First
• Amici Brief of Former INS Gen. Counsel
• Amici Brief of the ABA
• Amici Brief of Asian Am. Justice Ctr., et al.
• Amici Brief of NYSDA Immigrant Def. Proj., et al.

Counsel of Record

For Petitioner Lopez:

Robert A. Long Jr.
Covington & Burling
Washington, DC

For Petitioner Toledo-Flores

Timothy Crooks
Goldstein & Howe, P.C.
Houston, TX

For Respondent Gonzales, Attorney General:

Paul D. Clement
U.S. Solicitor General
Washington, DC

 

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