United States v. Lynda Gayle Harpine

Lynda Gayle Harpine appeals her conviction, following her conditional guilty plea to harboring and concealing a fugitive in violation of 18 U.S.C. § 1071 . Harpine claims that, because her husband was wanted for parole violations, the district court erred by determining that her offense was a felony, rather than misdemeanor. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s interpretation of a statute. United States v. Duff, 831 F.2d 176, 177 (9th Cir.1987). Section 1071 provides, “[wjhoever harbors or conceals any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined not more than $1,000 or imprisoned not more than one year, or both; except that if the warrant or process [has] issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine of not more than $5,000, or imprisonment for not more than five years or both.” 18 U.S.C. § 1071 .

Harpine…