United States v. Donald E. McGann

Appellant Donald McGann appeals his sentence under the United States Sentencing Guidelines, claiming that he is entitled to a four-level reduction pursuant to U.S.S.G. § 2P1.1(b)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291 . The district court had jurisdiction under 18 U.S.C. § 3231 . Notice of appeal was timely filed. Fed.R.App.P. 4(b). “This court reviews de novo the way in which the district court applies the Guidelines.” United States v. Howard, 894 F.2d 1085, 1087 (9th Cir.1990). We affirm.

On January 13, 1990, while serving time in the federal prison camp at Lompoc, California, Donald McGann walked away, effectively escaping from the custody of the Bureau of Prisons. The defendant remained a fugitive until his arrest on December 11, 1990. He pled guilty to violating 18 U.S.C. § 751 (escape) and was sentenced under the Guidelines to an addition al 37 months imprisonment, to be served consecutively with the time remaining on his underlying conviction.

This appeal concerns the interpretation of section 2P1.1 of the United States Sentencing Guidelines, which provides:

U.S.S.G. § 2P1.1(b)(3).

McGann argues that a federal prison camp is a facility “similar” to those…