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U.S. v. SMITH

No. 07-1246.

500 F.3d 27 (2007)

UNITED STATES of America, Appellee, v. Frederick SMITH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 21, 2007.

Attorney(s) appearing for the Case

J. Hilary Billings for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

Under 18 U.S.C. § 3146(b)(1)(A), an individual who fails to appear in court as required by the terms of his release from custody is subject to punishment. As dictated by the statute, the severity of the punishment for that failure to appear depends on the severity of the maximum sentence available for the offense in connection with which the individual was released. That much is clear. Now, however, we decide a surprisingly controversial...

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