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Tuesday, June 14, 2016

Ind. Decisions - 7th Circuit withdraws opinion as "improvidently issued"

Yesterday the 7th Circuit issued a 10-page opinion in the case of USA v. Destry Marcotte (SD Ill.), written by District Judge Blakely (of the Northern District of Illinois, sitting by designation) - some quotes:

Five of our sister courts have held that 18 U.S.C. §3147, through §3C1.3 of the Sentencing Guidelines, can enhance a sentence for the crime of failing to appear under 18 U.S.C. §3146. United States v. Duong, 665 F.3d 364 (1st Cir. 2012); United States v. Fitzgerald, 435 F.3d 484 (4th Cir. 2006); United States v. Dison, 573 F.3d 204 (5th Cir. 2009); United States v. Benson, 134 F.3d 787 (6th Cir. 1998); and United States v. Rosas, 615 F.3d 1058 (9th Cir. 2010). Two others have reached the same conclusion, albeit in unpublished decisions. United States v. Gause, 536 Fed. Appx. 234 (3d Cir. 2013) (unpublished); United States v. Clemendor, 237 Fed. Appx. 473 (11th Cir. 2007) (unpublished). None has reached a different conclusion. Against this consensus, Appellant Destry J. Marcotte seeks to chart new territory in the Seventh Circuit on an issue of first impression here. We decline that invitation and AFFIRM the district court’s sentence. * * *

Today we become the sixth Court of Appeals to hold that 18 U.S.C. §3147, through §3C1.3 of the Sentencing Guide-lines, can enhance a sentence for the crime of failing to ap-pear under 18 U.S.C. §3146. Accordingly, the district court’s sentence is AFFIRMED.

Today via a per curiam order:
IT IS ORDERED that the opinion and judgment dated June 13, 2016 are VACATED as improvidently issued.

Posted by Marcia Oddi on June 14, 2016 01:09 PM
Posted to Ind. (7th Cir.) Decisions