United States v. Harry Lewis Nelson

POOLE, Circuit Judge:

Harry Nelson appeals his sentence, imposed after a guilty plea to a charge of failure to appear for a court hearing. He argues that the United States Sentencing Commission, in Guidelines § 2J1.6, violated Congressional intent by gauging the sentence for failure to appear on the statutory maximum of the underlying offense charged, regardless whether the defendant was convicted of that charge. He also argues that § 2J1.6(b)(1) conflicts with the Commission’s intent to avoid double counting. We affirm.

FACTS AND PROCEEDINGS

On October 20, 1986, after Special Agents of the Drug…