Judge Kimba Wood
Second Circuit affirmed Greenland’s conviction, and sentence, for unlawfully entering the country after conviction for an aggravated felony. District court denied him 28 USC §2255 sentence relief. It rejected his claim it erred by declining to give him credit for time served in ICE or state custody prior to federal custody, and his claim that he was unlawfully removed from the country after his aggravated felony conviction for arson in 1987. Second Circuit held that an alien is subject to deportation as a result of an aggravated felon conviction even if conviction occurred before enactment of the Anti-Drug Abuse Act in 1988. The court rejected Greenland’s claim his May 2010 conviction for criminal possession of stolen property was “double-counted” when applying an enhancement set out in Sentencing Guidelines §2L1.2(b)(1)(A) increasing his offense level. Greenland’s offense level was increased, under §2L1.2 by his 1987 aggravated felony conviction for arson. Even if the district’s ‘Fast-Track’ program had existed when Greenland was sentenced, he would not have been eligible to participate. His 1987 arson conviction was a “serious violent felony” rendering him ineligible, and his 13 criminal history points far exceeded the maximum of seven points.