United States v. Deaon Bailes

MEMORANDUM

Appellant Deaon Bailes appeals the district court’s judgment sentencing him to a 24-month term of imprisonment and a 86-month term of supervised release for having escaped from the non-secure custody of a “halfway” house. In calculating Bailes’s sentencing range under the United States Sentencing Guidelines (“Guidelines”), the court denied Bailes the four-level reduction in his offense level otherwise available to escapees from halfway houses on the ground that Bailes, while at large, had committed a state offense punishable by imprisonment for more than one year. See U.S.S.G. § 2Pl.l(b)(3). The district court found that Bailes had attempted to violate California Penal Code § 4573, which provides in pertinent part that “any person, who knowingly brings ... into any county, city and county, or city jail ... or within the grounds belonging to the institution, any controlled substance ... is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.”

We have jurisdiction pursuant to 18 U.S.C. § 8742 . Reviewing the interpretation and application of the Guidelines de novo, United States v. Charlesworth, 217 F.3d 1155, 1157 (9th…