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U.S. v. PHILLIPS

No. 09-4201.

640 F.3d 154 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Wayne PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 7, 2011.

Attorney(s) appearing for the Case

ARGUED: Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellant. Anne L. Porter , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellant. Anne L. Porter , Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Before: MERRITT, CLAY, and GRIFFIN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

It is a freestanding criminal offense under 18 U.S.C. § 3146 for a convicted person, released on bond, to fail to appear to begin serving a prison sentence. The defendant, Jerry Phillips, pled guilty to this offense because he absconded and failed to appear to serve an earlier sentence for violating the conditions of his earlier period of supervised release. The statutory maximum term of imprisonment for the failure to...

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