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§ 7.103 (F)

 
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(F)  Sentence Considerations.  All the techniques described under § § 7.24-7.26, above, may be used in an effort to avoid a one-year sentence imposed, which will prevent the conviction from being considered an aggravated felony conviction under this theory.  In particular, the Ninth Circuit has held that a conviction of petty theft with a prior conviction, for which a two-year prison sentence was imposed, did not constitute an aggravated felony, since the sentence of two years had been imposed not for the offense itself, of petty theft, which carried a six-month maximum, but instead for the sentence enhancement based on the existence of the prior conviction.  See § 7.25(B)(11), supra.

 

 

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