US v. Velasquez-Canales: Velasquez-Canales pleaded guilty to illegal reentry. At sentencing, his Guideline range was enhanced for having a prior felony conviction with a sentence exceeding 13 months. Velasquez-Canales had argued it did not apply because for the relevant conviction, from North Carolina, although the sentence was 6 to 17 months, the last nine months were served on "post-release supervision" and therefore it did not meet the 13-month threshold. The district court disagreed and sentenced Velasquez-Canales to 36 months in prison, near the top of the applicable Guideline range.
The Fourth Circuit affirmed the sentence. The court noted that the term "sentence imposed" in the illegal reentry Guideline has the same meaning as "sentence of imprisonment" in the general criminal history Guideline and that it is defined as the "maximum sentence imposed," regardless of whether it any part of it was suspended. Relying on prior precedent, the court rejected Velasquez-Canales's argument that the post-release supervision portion of his prior sentence was equivalent to supervised release and concluded it was part of the term of imprisonment.
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