Tooby's California Post-Conviction Relief for Immigrants

The length of the sentence actually imposed determines whether crimes of violence constitute aggravated felonies.[1]  A sentence of "at least one year" means a sentence of 365 days or more, rather than requiring a  "natural or lunar" year of 365 days plus some hours.[2] 

The time served after a second sentence imposed as a result of a probation violation is added to the original sentence to calculate the total “sentence imposed” for purposes of determining whether the offense is an aggravated felony. See § 8.4(7), infra.

Thus, a defendant who initially received a sentence of less than one year, but then violated his probation or parole and was sentenced to a term of imprisonment that, when added to the original term, brings the total sentence imposed over one year, will be considered an aggravated felon.[3]

[1] United States v. Drummond, 240 F.3d 1333 (11th Cir. 2001); United States v. Maldonado-Ramirez, 216 F.3d 940, 944 (11th Cir.2000); United States v. Guzman-Bera, 216 F.3d 1019, 1020 (11th Cir. 2000).

[2] Matsuk v. INS, 247 F.3d 999 (9th Cir. 2001).

[3] United States v. Jimenez, 258 F.3d 1120 (9th Cir. 2001) (a defendant sentenced to 365 days as a condition of probation who then violated the terms of probation and was sentenced to two years imprisonment had been sentenced to more than one year for purposes of the definition of an aggravated felony).