The following excerpt is from United States v. Fries, 796 F.3d 1112 (9th Cir. 2015):
Accordingly, Fries' contention that he was punished for successfully severing the unrelated counts is unpersuasive. See United States v. Mack, 200 F.3d 653, 659 (9th Cir.2000) (concluding that [n]othing in the record indicates that the district court based the enhanced sentences on the defendants' decision to exercise their constitutional right to go to trial); see also United States v. Evers, 669 F.3d 645, 661 (6th Cir.2012) (holding that the district court's proper application of the sentencing guidelines did not punish the defendant for exercising his right to receive a full and fair trial) (citation and internal quotation marks omitted).
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