An accessory after the fact is one who, knowing that a felony has been committed, assists the perpetrator to escape apprehension.  One state statute provides that a person is guilty as an accessory after the fact who: “harbors, conceals, or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment . . . .”[23]

[23] California Penal Code § 32. 

AGGRAVATED FELONY -- ACCESSORY AFTER THE FACT - SUPREME COURT REMANDS QUESTION TO NINTH CIRCUIT FOR CONSIDERATION
Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (question whether California conviction of violating Vehicle Code 10851(a) holds liable accessories after the fact, who need not be shown to have committed a theft, is remanded to the Ninth Circuit for consideration in the first instance).

AGGRAVATED FELONY - THEFT OFFENSE - WHETHER THEFT INCLUDES JOYRIDING REMANDED BY SUPREME COURT TO NINTH CIRCUIT FOR CONSIDERATION IN FIRST INSTANCE
Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (remanding to Ninth Circuit claim that Cal. Vehicle Code 10851(1) applies to joyriding, which falls outside the generic "theft" definition, is not considered because it does not fall within the terms of the question presented, the lower court did not consider them, and this Court declines to reach them in the first instance).

Third Circuit

AGGRAVATED FELONY - ALIEN SMUGGLING - MISDEMEANOR
Biskupski v. Attorney Gen. of the US, __ F.3d __, 2007 WL 2774528 (3d Cir. Sept. 25, 2007) (federal misdemeanor conviction of violating 8 U.S.C. 1324(a)(2)(A), aiding and abetting alien smuggling, is an "aggravated felony" even though only punishable as a misdemeanor under federal law).

Lower Courts of Ninth Circuit

SENTENCE - PUNISHMENT AS CONDITION OF PROBATION DISTINGUISHED FROM PUNISHMENT FOR CONVICTION
Penal Code 1203.1 authorizes the sentencing court to impose a fine or county jail incarceration as a condition of probation. This fine or jail is not considered to be imposed on account of the conviction, however, but instead as a condition of probation. (See League of Women Voters of California v. McPherson (2006) 145 Cal.App.4th 1469, 1481 ["The defendant who has been placed on probation, therefore, is imprisoned by the court in a local facility as a condition of probation, not as a result of the conviction of a felony"].) This statute may be used only when the court "suspend[s] the imposing or the execution of the sentence . . . ." (Penal Code 1203.1; see (People v. Mauch (2008) ___ Cal.App.5th ___.) "Fixing the penalty for crimes is the province of the Legislature, which is in the best position to evaluate the gravity of different crimes and to make judgments among different penological approaches." (People v. Martinez (1999) 76 Cal.App.4th 489, 494.) "The definition of crime and the determination of punishment are foremost among those matters that fall within the legislative domain." (People v. Mills (1978) 81 Cal.App.3d 171, 176-177; accord, Tracy v. Municipal Court (1978) 22 Cal.3d 760, 765 ["the Legislature has the power and duty to define and classify crimes and offenses"].)