United States v. David W. Lanier

OPINION

COLE, Circuit Judge.

In December 1997, David W. Lanier entered a plea of guilty to one count of failure to appear, in violation of 18 U.S.C. § 3146. The district court sentenced him to twelve months’ imprisonment, applying a three-level enhancement to his sentence pursuant to U.S.S.G. § 2J1.7, which applies to a defendant who commits an offense while on release. Lanier appeals the application of the enhancement, arguing that it constitutes impermissible double counting. In pro se briefing, Lanier also attacks his conviction, arguing that the en banc court lacked jurisdiction to vacate…