Is a sentencing enhancement part of the sentence for the most serious criminal offence?
MultiRegion, United States of America
The following excerpt is from Gomez-Sanchez v. Sessions, 887 F.3d 893 (9th Cir. 2018):
Similarly, in Konou v. Holder, we considered a petitioner's argument that a sentencing enhancement "is not part of the sentence for the conviction" and therefore that the Board and IJ were precluded from considering the enhancement when considering whether a crime was particularly serious. 750 F.3d 1120, 1128 (9th Cir. 2014). We rejected that argument, concluding that a sentencing enhancement is a "type of sentence," which is one of the
[887 F.3d 900]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code? (MultiRegion, United States of America)
What are the implications of section 2244 of the Criminal Code of Ontario's Criminal Code when it comes to sentencing sentences? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Does Section 1326(b) create a criminal offence separate from the criminal offence? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
