United States v. Narez-Garcia, ___ F.3d ___, 2016 WL 1274034 (5th Cir. March 31, 2016) (Arkansas conviction of third-degree domestic battery, with a sentence to confinement of ___ months and Suspended Imposition of Sentence: 72 months, did not warrant reversal as the basis for imposing an 8-level enhancement in the federal sentence for illegal reentry after deportation, since the defendant did not sufficiently raise the insufficient sentence argument in the trial court, and the significance of the suspended imposition of sentence in Arkansas law, was not sufficiently clear).

NOTE: While the noncitizen in this case was limited in his ability to argue the point because he had failed to raise it earlier, the dissenting opinion lays out a good argument on the difference between directly suspending a sentence, versus imposing and then suspending a sentence. Apparently there is room to argue that there is a distinction between these two judicial acts that may mean that a straight suspended sentence is more similar to execution of sentence suspended under California law, which does not count as a sentence for immigration purposes.