United States v. Phillips, No. 09-4201 (6th Cir. 2011)
Annotate this CaseThe defendant violated terms of supervised release that was part of his sentence for a crime involving social security fraud and was ordered to surrender to return to prison, but absconded. After pleading guilty to failing to appear to begin serving the reinstated sentence(18 U.S.C. 3146), the defendant was sentenced to an additional three years. The Sixth Circuit affirmed. The sentence was properly imposed under a section that states:"If the person was released while awaiting surrender for service of sentence after conviction for an offense punishable by imprisonment for a term of 15 years or more, the maximum punishment is 10 years of imprisonment" rather than a section referring to a maximum term of two years for a person for a person released after conviction of any other felony. While violation of supervised release is not a felony, as described by the statute, the defendant failed to appear to serve a term related to fraud, which was punishable by a term of 15 years.
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