United States v. Landeros-Arreola,
260 F.3d 407 (5th Cir. July 27, 2001) (Colorado reduction
of sentence imposed for menacing conviction, after successful
completion of Colorados Regimented Inmate Training Program,
from four years imprisonment to probation, was not mere suspension
of execution of sentence, but effectively reduced custody
term below one year, so state menacing conviction did not
constitute crime of violence "aggravated felony"
conviction, with one year sentence imposed, under INA § 101(a)(43)(F),
8 U.S.C. 1101(a)(43)(F), and no longer was sufficient to trigger
a sentence enhancement of an illegal re-entry sentence).

jurisdiction: 
Fifth Circuit

 

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