(B)  Post-Conviction Considerations.  This chapter describes various ways in which defense counsel can seek post-conviction relief during the sentence proceeding itself, both to vacate or ameliorate aspects of the current case, see § 10.35, infra, and any prior convictions or sentences that may be of significance to a noncitizen defendant.  See § 10.36, infra.  Certain special proceedings may also be important to a noncitizen defendant, such as the former Judicial Recommendation Against Deportation, see § 10.39, infra, and judicial removal proceedings during federal sentencing.  See § 10.40, infra.  In addition, special proceedings after sentence may be employed to seek a noncitizen defendant’s early release from prison custody to be removed from the United States, see § 10.42, infra, and transfer of a prisoner from United States custody to serve the remainder of a prison term in the home country under prisoner transfer treaties.  See § 10.43, infra. 

 

                The larger topic of seeking post-conviction relief from sentence is not covered here; instead, it is covered in Chapter 11, infra.  It is also the topic of specialized volumes.  E.g., N. Tooby, Post-Conviction Relief for Immigrants (2004); N. Tooby, California Post-Conviction Relief for Immigrants (2002).

Eleventh Circuit

SENTENCE IMPOSED " CUMULATIVE ORIGINAL SENTENCE PLUS PROBATION VIOLATION SENTENCE
Dixon v. U.S. Atty. Gen., 768 F.3d 1339 (11th Cir. Oct. 1, 2014) (Florida conviction for aggravated fleeing, Fla. Stat. 316.1935(4)(a), is categorically a crime of violence aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), because the original sentence to incarceration, plus the additional sentence to incarceration imposed as a result of a probation violation, totalled one year or more).

Other

CRIMINAL DEFENSE - SENTENCE
M. Shein, Cultural Issues in Sentencing, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 625 (2d ed. 2007).