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United States Fourth Circuit


US v. Fitzgerald, 04-4820

Application of a sentence enhancement for failing to appear at sentencing following a guilty plea to mail fraud and wire fraud is affirmed over defendant's argument that the enhancement amounted to double jeopardy and violated the rule of lenity.

Appellate Information

  • Decided 01/13/2006
  • Published 01/13/2006

Judges

  • Before WILLIAMS, KING, and SHEDD, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  David Wayne Bouchard, Chesapeake, Virginia, for Appellant.  Howard Jacob Zlotnick, Assistant United States Attorney, Office of the United States Attorney, Newport News, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellee.
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