United States v. Kenneth L. Schomburg, (Two Cases)

Appellant pled guilty to establishing drug manufacturing operations in violation of 21 U.S.C. § 856 . Before he was sentenced, he jumped bail. He was later apprehended and charged with failure to appear in violation of 18 U.S.C. § 3146 . He was sentenced to consecutive terms of 30 months for each offense. He appeals the calculation of both sentences.

I

Appellant first questions his sentence for failure to appear, arguing that it involved double-counting of his offense for establishing manufacturing operations. Under U.S.S.G. § 2J1.6, appellant’s offense level for failure to appear is increased by nine levels if the offense in respect to which the defendant failed to appear is punishable by a term of imprisonment of fifteen years or more. Establishing drug manufacturing operations carries a statutory maximum sentence of 20 years, so appellant’s offense level for failure to appear was increased by nine. The conviction for establishing manufacturing operations was also used in calculating appellant’s criminal history score, raising it by three points and placing him in category V rather than category IV.

Appellant contends that his conviction for establishing manufacturing…