Aggravated Felonies

(C)  State Sentencing.  The actual sentence imposed is also a determination made by state law.  The criminal court decides how long a defendant shall spend in criminal custody, and whether to impose additional time for a probation or parole violation.[383]  In some cases, however, a sentence imposed by a judge might not be considered relevant in determining removability, as where the sentence imposed is irrelevant to a determination whether a conviction constitutes an aggravated felony,[384] or where the court imposes a recidivist sentence enhancement.[385]

[383] United States v. Moreno-Cisneros, 319 F.3d 456 (9th Cir. Jan 31, 2003); United States v. Jimenez, 258 F.3d 1120 (9th Cir. July 31, 2001).

[384] See § 3.64, supra.

[385] See § § 4.28-4.32, supra.