United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. Sept. 24, 2008) ("For purposes of U.S.S.G. 2L1.2(b), a "sentence imposed" does not include any part of a sentence that has been suspended. United States v. Moreno-Cisneros, 319 F.3d 456, 458 (9th Cir.2003) (interpreting U.S.S.G. 2L1.2 cmt. 1(A)(iv) (2001), having materially the same text as current 4A1.2(b)(2), which is incorporated by reference into current 2L1.2, see 2L1.2 cmt. 1(B)(vii)). It does include both a sentence originally imposed, but not suspended, and any additional sentence of incarceration ordered as a result of a probation violation. Id.").
jurisdiction:
Eighth Circuit