United States v. Jensen, No. 11-10472 (9th Cir. 2013)
Annotate this CaseDefendant was convicted for failing to appear in violation of 18 U.S.C. 3146 and subsequently appealed his sentence of 27 months' imprisonment. At issue was which subsection of 18 U.S.C. 3146(b)(1)(A) established the appropriate maximum prison term in this circumstance. The court joined the First, Sixth, and Seventh Circuits in holding that it determined the applicable maximum by looking to the underlying criminal offense, rather than to an intervening violation of supervised release. Because the underlying offense, unlawful possession of a mail key, was punishable by a prison term of five years or more, the five-year maximum prison term found in subsection (ii) applied in this circumstance. Accordingly, the court affirmed the sentence.
Court Description: Criminal Law. Affirming a sentence, the panel held that the maximum prison term for failure to appear for service of sentence following revocation of supervised release, in violation of 18 U.S.C. § 3146, is determined by looking to the underlying criminal offense, rather than to the intervening violation of supervised release.
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