The following excerpt is from United States v. Flores, 901 F.3d 1150 (9th Cir. 2018):
There is no evidence such discretion was exercised here and, in fact, Flores was sentenced to a two-year term of imprisonment, satisfying 8 U.S.C. 1101(a)(43)(G)'s one year requirement. See Alberto-Gonzalez v. INS , 215 F.3d 906, 90910 (9th Cir. 2000) (holding that "for which the term of imprisonment [is] at least one year" refers to actual sentence).
15 For this reason, we need not reach questions of divisibility or resort to the modified categorical approach.
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