The penalty can be increased to as high as 20 years of imprisonment in the case of an alien who was convicted of a particularly serious crime or an aggravated felony and then illegally reentered the United States. Such penalty, however, is extremely rare since no alien has received that many years of imprisonment. Most defendants in such cases receive around 5 years of imprisonment. The only person saved from guilt and serving any imprisonment for illegal reentry after deportation is someone who "was not originally removable as charged, and so could not be convicted of illegal reentry."