United States Fourth Circuit

An alien's collateral attack on a deportation order fails where, even assuming a due process violation occurred, no prejudice was shown. Simple possession of drugs, if a felony under state law, can constitute an aggravated felony under U.S.S.G. section 2L1.2.

Appellate Information

• Argued 10/31/2002
• Decided 01/16/2003
• Published 01/16/2003

Judges

• Before WILKINSON, Chief Judge, and LUTTIG and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph Barry McCracken, Cook & McCracken, Norfolk, Virginia, for Appellant.  William Joseph Howard, Assistant United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Stephen W. Haynie, Assistant United States Attorney, Norfolk, Virginia, for Appellee.