Académique Documents
Professionnel Documents
Culture Documents
No. 10-4945
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg.
Irene M. Keeley,
District Judge. (1:10-cr-00051-IMK-JSK-1)
Submitted:
Decided:
PER CURIAM:
Dean Edward Whitman, Jr., pled guilty to escape, in
violation of 18 U.S.C. 751 (2006), and was sentenced to a term
of
twenty-four
months
imprisonment.
Whitman
appeals
his
four-level
reduction
under
U.S.
Sentencing
Guidelines
custody
facility.
of
community
corrections
center
or
similar
We affirm.
On April 15, 2010, while Whitman was confined at the
Federal
Correctional
Institution
in
Morgantown,
West
Virginia
medical
of
appointment.
entering
to
the
the
parking
After
hospital,
lot
where
he
Whitman
his
was
dropped
walked
girlfriend
across
was
off,
the
parked.
Whitman was
he
under
was
USSG
sentenced,
Whitman
2P1.1(b)(3),
sought
which
applies
four-level
[i]f
the
or
center,
similar
available.
available;
In
it
community
facility,
Whitmans
provides
for
treatment
center,
and
subsection
case,
subsection
a
2
four-level
half-way
(b)(2)
is
not
(b)(2)
was
not
reduction
if
the
defendant
escaped
voluntarily
2P1.1
from
within
defines
non-secure
ninety-six
non-secure
custody
and
hours.
Application
custody
as
returned
Note
custody
to
with
no
non-secure
outside
the
custody
security
walk[ing]
away
perimeter
of
from
an
work
detail
institution; . . .
or . . .
escap[ing]
perimeter
barrier[.]
from
an
Whitman
institution
argued
with
that
he
no
had
found
that
Whitman
was
not
eligible
for
the
reduction
The district
United States
In Sarno, we held
Id. at
623-24.
Initially, it may be helpful to note that the term
non-secure custody, as it is used in 2P1.1, may mean either
3
facility.
defendant
seeking
reduction
under
subsection (b)(3) must show not only that he escaped from nonsecure custody, but also that he was confined in a facility
expressly
thereto.
specified
in
subsection
(b)(3)
or
in
one
similar
1997) (holding that defendant who walked away from work detail
outside
entitled
security
to
perimeter
reduction
of
federal
under
prison
subsection
camp
(b)(3)
was
because
not
he
facility
Whitman
argues
because
he
that
escaped
he
from
escaped
the
from
hospital.
non-secure
He
further
facilities
first
assertion
enumerated
is
in
incorrect.
subsection
As
the
(b)(3).
district
Whitmans
court
found,
Despite Whitmans
persistent
argument
that
he
was
furloughed
to
Ruby
Memorial
applies
if
defendant
fails
to
return
to
any
institution
at
the
time
of
the
escape.
However,
See Helton,
127
the
F.3d
at
requirement
secure
similar
821
of
custody
(The
section
must
facilities
Note
has
no
2P1.1(b)(3)
also
be
specified
from
in
effect
that
an
one
that
of
upon
escape
the
second
from
non-
enumerated
subsection.).
or
Because
plain
(b)(3)
reduction,
even
if
later
furloughed
of
subsection
held.
(b)(3),
as
Helton
and
Tapia
We
district
facts
court.
and
materials
therefore
legal
before
We
affirm
dispense
contentions
the
court
the
with
sentence
oral
imposed
argument
are
adequately
and
argument
by
the
because
the
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED