United States v. Matthew Jensen

Defendant Matthew Steven Jensen appeals his sentence of 27 months’ imprisonment, following a conviction for failing to appear in violation of 18 U.S.C. § 3146 . The parties dispute which subsection of 18 U.S.C. § 3146 (b)(1)(A) establishes the appropriate maximum prison term in this circumstance: subsection (ii), which carries a five-year maximum, or subsection (iii), which carries a two-year maximum. Reviewing de novo this question of statutory interpretation, United States v. Youssef, 547 F.3d 1090, 1093 (9th Cir.2008) (per curiam), we join the First, Sixth, and Seventh Circuits in holding that we determine the applicable maximum by looking to the underlying criminal offense, rather than to an intervening violation of supervised release. Here, because the underlying offense was punishable by a prison term of five years or more, the five-year maximum prison term found in subsection (ii) applies. Accordingly, we affirm.

In 2009, Defendant pleaded guilty to one count of unlawful possession of a mail key in violation of 18 U.S.C. § 1704 . That offense carried a maximum prison term of ten years. Id. The district court sentenced Defendant to 12 months’ imprisonment, followed…