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U.S. v. JENSEN

No. 11-10472.

705 F.3d 976 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew Steven JENSEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2013.

Attorney(s) appearing for the Case

Brenda Weksler , Assistant Federal Public Defender, Las Vegas, NV, for Defendant-Appellant.

Peter S. Levitt , Assistant United States Attorney, Las Vegas, NV, for Plaintiff-Appellee.

Before: J. CLIFFORD WALLACE, SUSAN P. GRABER, and MARSHA S. BERZON, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Defendant Matthew Steven Jensen appeals his sentence of 27 months' imprisonment, following a conviction for failing to appear in violation of 18 U.S.C. § 3146. The parties dispute which subsection of 18 U.S.C. § 3146(b)(1)(A) establishes the appropriate maximum prison term in this circumstance: subsection (ii), which carries a five-year maximum, or subsection (iii), which...

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