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U.S. v. CHUONG VAN DUONG

No. 10-2138.

665 F.3d 364 (2012)

UNITED STATES of America, Appellee, v. CHUONG VAN DUONG, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 6, 2012.

Attorney(s) appearing for the Case

Peter B. Krupp , with whom Lurie & Krupp, LLP was on brief, for appellant.

Mark J. Balthazard , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before HOWARD, SELYA and THOMPSON, Circuit Judges.

HOWARD, Circuit Judge.

Chuong Van Duong was convicted of failing to surrender for service of sentence. 18 U.S.C. § 3146(a)(2) (2006). The district court sentenced him to fifteen months in prison, based in part on a statutory enhancement for committing an offense while released: in this instance, the offense was the failure to surrender. Id. § 3147 (2006). Duong appeals his sentence on grounds that the enhancement does not

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