Criminal Defense of Immigrants
§ 10.1 (F)
For more text, click "Next Page>"
(F) Topics Not Covered. This chapter does not discuss, except very briefly, see § 10.31, infra, the important subject of federal sentencing for illegal re-entry after deportation or the details of other sentence procedures under the United States Sentencing Guidelines, which are the subject of a very extensive separate literature. See, e.g., Federal Judicial Center, Guideline Sentencing: An Outline of Appellate Case Law on Selected Issues (Sept. 2002); Federal Sentencing Guidelines Digest (West 2006); Federal Sentencing Guidelines Handbook (R. Haines, F. Bowman, & J. Woll eds.); United States Sentencing Commission, Federal Sentencing Guidelines Manual. This chapter also does not cover, except briefly, see § 10.32, infra, the topic of sentencing of noncitizens under particular state law.
Updates
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).