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Defendant-appellant Michelle Anne LaBella-Szuba appeals from a judgment of conviction and sentence entered in the United States District Court for the Northern District of New York (Munson, J.) following her plea of guilty to a one-count information charging her with harboring an escaped prisoner, in violation of 18 U.S.C. § 1072. In calculating defendant's criminal history category under the Sentencing Guidelines, the district court added two criminal history points on the ground that she committed the instant offense while under a criminal justice sentence. The district court also enhanced defendant's offense level by two levels, having found that she willfully obstructed the administration of justice during the prosecution of the offense by failing to appear for a preliminary hearing. Accordingly, the court sentenced defendant to a one-year and one-day term of imprisonment, a one-year term of supervised release, and a $50 special assessment.

For the reasons that follow, we affirm the judgment of the district court.


92 F.3d 136 (1996)

UNITED STATES of America, Appellee,


Michelle Anne LABELLA-SZUBA, Defendant-Appellant.

Nos. 1776, Docket 96-1058.

United States Court of Appeals, Second Circuit.

Argued June 27, 1996.

Decided August 19, 1996.

New York Law School location: File #2468, Box #136