(A)  In General.  If a defendant admits a probation violation, or the court finds the probation violation allegation to be true, the court will again impose sentence on the client for the original offense.  The law generally requires that the court give the defendant credit, against the new sentence, for any time in custody the defendant has served on the original sentence.  The client must serve any additional time, over and above the original time served, that is ordered by the court as the probation violation sentence.  Defense counsel should defend the client in this new sentencing proceeding in the same way as for the original sentencing proceeding.  There are, however, certain aspects in which the original and the probation violation resentencing interact that have special significance for noncitizen defendants. 

Eleventh Circuit

AGGRAVATED FELONY - SENTENCE.JUDICIAL REVIEW - RES JUDICATA
Singh v. US Attorney Gen., __ F.3d __ (11th Cir. Dec. 31, 2008) (respondent was initially convicted of robbery and sentenced to less than 365 days, he was charged with deportability based on two crimes of moral turpitude, but was granted cancellation of removal, respondent then violated probation and was sentenced to 6 years imprisonment, the DHS brought new proceedings charging the same robbery conviction was an aggravated felon; this was not barred by res judicata, because the probation violation made the offense an aggravated felony, and cancellation of removal only works to avoid being removed on the basis of the current charges, but not any subsequent proceeding).