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U.S. v. NELSON

No. 89-50578.

919 F.2d 1381 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Lewis NELSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 27, 1990.

Attorney(s) appearing for the Case

Michael J. Brennan, Manhattan Beach, Cal., for defendant-appellant.

Gary S. Lincenberg, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before POOLE, KOZINSKI and THOMPSON, Circuit Judges.

POOLE, Circuit Judge:

Harry Nelson appeals his sentence, imposed after a guilty plea to a charge of failure to appear for a court hearing. He argues that the United States Sentencing Commission, in Guidelines § 2J1.6, violated Congressional intent by gauging the sentence for failure to appear on the statutory maximum of the underlying offense charged, regardless whether the defendant was convicted of that charge. He also argues that § 2J1.6(b)(1) conflicts...

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