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U.S. v. FITZGERALD

No. 04-4820.

435 F.3d 484 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Sean FITZGERALD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 2006.

Attorney(s) appearing for the Case

ARGUED: David Wayne Bouchard, Chesapeake, Virginia, for Appellant. Howard Jacob Zlotnick, Assistant United States Attorney, Office of the United States Attorney, Newport News, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILLIAMS, KING, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge SHEDD wrote the majority opinion, in which Judge WILLIAMS joined. Judge KING wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge.

Sean Fitzgerald appeals the district court's application of a three-level enhancement to his sentence following a conviction for failing to appear at sentencing. Fitzgerald claims that the enhancement violates the rule of lenity and the prohibition against double jeopardy. Finding...

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