U.S. v. JERNIGAN

No. 94-10485.

60 F.3d 562 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Luke JERNIGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1995.


Attorney(s) appearing for the Case

Eugene A. Burdick, Mesa, AZ, for defendant-appellant.

Thomas C. Simon, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee.

Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges.


MICHAEL DALY HAWKINS, Circuit Judge:

We consider here whether a 5-month sentence for failure to appear for trial violates either the sentencing guidelines or double jeopardy principles where, in a prior case, the defendant's sentence was enhanced based on the same conduct.

I.

Background

On June 30, 1992, Defendant Luke Jernigan was charged with passing counterfeit notes and conspiracy to possess cocaine with the intent to distribute. Trial...

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