Criminal Defense of Immigrants



 
 

§ 10.65 (A)

 
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(A)  Many Common Convictions Become Aggravated Felonies if a Sentence of One Year or More Is Imposed.  This is the most important of the rules based on the length of “sentence imposed.”  If the sentence can be vacated or reduced, and a sentence of less than one year substituted, the conviction will no longer be considered an aggravated felony.  See § § 10.65(F), 10.66, 10.68, infra.

 

Updates

 

SENTENCE - CONSECUTIVE SENTENCES
Oregon v. ICE, __ U.S. __, 129 S.Ct. 711 (Jan. 14, 2009) (Apprendi and Blakely, requiring jury to find sentencing factors that increase the maximum possible sentence do not apply to decisions whether to impose consecutive or concurrent sentences; the Sixth Amendment does not inhibit States from assigning to judges, rather than to juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, sentences).

Other

SENTENCE - SENTENCE IMPOSED - 12 MONTHS EQUALS ONE YEAR
12 months equals one year in immigration court. See Drakes v. Zimski, 240 F.3d 246, 251 (3d Cir. 2001); United States v. Christopher, 239 F.3d 1191, 1193 (11th Cir. 2001).

 

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