Cite as: 507 U. S. 234 (1993)
Opinion of the Court
Petitioner is one of the three crew members arrested, tried, and convicted of possession with intent to distribute, and conspiring to possess with intent to distribute, over five kilograms of cocaine. After the trial, the District Court set June 15, 1989, as the date for sentencing. Petitioner did not appear and was sentenced in absentia to a prison term of 19 years and 7 months, to be followed by 5 years of supervised release.2 Though petitioner's codefendants appealed their convictions and sentences, no appeal from the judgment was filed on petitioner's behalf.
The District Court issued a warrant for petitioner's arrest, and 11 months later, on May 24, 1990, he was apprehended. Petitioner was indicted and found guilty of contempt of court 3 and failure to appear.4 Pursuant to the Sentencing
2 No. 88-10035-CR-KING (SD Fla., June 23, 1989).
3 Title 18 U. S. C. § 401(3) provides: "A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as . . . [d]isobedience or resistance to its lawful writ, process, order, rule, decree, or command."
4 Title 18 U. S. C. § 3146 provides, in relevant part: "(a) Offense.—Whoever, having been released under this chapter knowingly—
"(1) fails to appear before a court as required by the conditions of release; or
"(2) fails to surrender for service of sentence pursuant to a court order; shall be punished as provided in subsection (b) of this section.
"(b) Punishment.—(1) The punishment for an offense under this section is—
"(A) if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for—
"(i) an offense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both;
"(ii) an offense punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both;
"(iii) any other felony, a fine under this title or imprisonment for not more than two years, or both; or
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