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United States First Circuit


US v. Smith, 07-1246

Sentence for failure to appear in court as part of a supervised release revocation hearing is affirmed where the district court correctly determined that the relevant punishment is the period of incarceration available for the underlying offense which led to the imposition of the supervised release condition, rather than the period of incarceration available for the supervised release violation.

Appellate Information

  • Decided 08/21/2007
  • Published 08/21/2007

Judges

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

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • J. Hilary Billings for appellant.

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