United States v. Ramirez-Perez, No. 10-1270 (6th Cir. 2011)
Annotate this CaseIn 1994 defendant entered a plea of guilty to unlawfully furnishing a controlled substance. He was sentenced to 220 days in jail and 3 years of probation. In 1998, he violated probation and was sentenced to 365 days, with 234 days of credit for time served. He was subsequently deported from the United States four times. In 2009, he pleaded guilty to assault with a dangerous weapon. Investigation revealed the deportations and 1994 conviction, an aggravated felony under 8 U.S.C. 1101(a)(43). Defendant pleaded guilty to being present in the United States after being deported for an aggravated felony conviction (8 U.S.C. 1326(a) & (b)(2)). The district court sentenced him to 70 months’ imprisonment. The Sixth Circuit affirmed. The district court correctly calculated the sentence, based on a finding that the 1994 conviction resulted in a sentence of more than 13 months. The sentence of imprisonment for guidelines purposes is the sentence pronounced, not the length of time actually served, with no subtraction of credit for time served.
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