U. S. v. Marcotte

Dist. Ct. did not err in sentencing defendant to 78-month term of incarceration on tax fraud charge and failure to appear charge under 18 USC section 3146(a)(1) (based on defendant’s absence on date of original sentencing hearing), even though Dist. Ct. based said sentence, in part, on 3-level enhancement under section 3C1.3 of USSG arising out of defendant‘s failure to appear at sentencing hearing. Ct. rejected defendant’s argument that said enhancement constituted improper double counting, even though Dist. Ct. included in instant sentence separate term under 28 USC section 3147 for failure to appear. Moreover, sentencing guidelines expressly allow cumulative enhancements for same misconduct, and Congress through section 3147 and section 3C1.3 of USSG permits cumulative punishment based on defendant’s failure to appear while released. (Re-issued opinion)