Does a convicted person have to serve the entire sentence imposed on him?

A convicted person is not required to serve the entire sentence imposed if, from the totality of the circumstances, to do so would violate due process. United States v. Martinez, 837 F.2d 861, 864 (9th Cir.1988). In cases involving delay in execution of sentence, federal courts examine alleged due process violations under a theory of waiver, using a totality of the circumstances test. Id. The government waives its right to incarcerate only when its agents' actions are so affirmatively improper or grossly negligent that it would be unequivocally inconsistent with fundamental principles of liberty and justice to require a legal sentence to be served in its aftermath. Id.