United States v. Destry Marcotte

BLAKEY, District Judge.

Five of our sister courts have held that 18 U.S.C. § 3147, through § 3C1.3 of the Sentencing Guidelines, can enhance a sentence for the crime of failing to appear under 18 U.S.C. § 3146. United States v. Duong, 665 F.3d 364 (1st Cir. 2012); United States v. Fitzgerald, 435 F.3d 484 (4th Cir. 2006); United States v. Dison, 573 F.3d 204 (5th Cir. 2009); United States v. Benson, 134 F.3d 787 (6th Cir. 1998); and United States v. Rosas, 615 F.3d 1058 (9th Cir. 2010). Two others have reached the same conclusion, albeit in unpublished decisions. United States v. Gause, 536…