United States v. Victor Lamar White

33 F.3d 61 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant v. Victor Lamar WHITE, Defendant-Appellee. No. 93-50197. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1994. Decided Aug. 9, 1994. Before: BROWNING and FLETCHER, Circuit Judges and FITZGERALD, * District Judge. MEMORANDUM ** Appellant Victor Lamar White pled guilty to prison escape. The government appeals from the sentence imposed by the district court, arguing that the court erred by adjusting White's sentence downward four levels based on the non-secure nature of White's custody. We vacate the sentence and remand for further proceedings consistent with this opinion. FACTS On July 6, 1992, White was incarcerated at the Metropolitan Correctional Center (MCC) in San Diego, serving a 120-day sentence for aiding and abetting an illegal entry, and a six-month sentence imposed when he violated probation following a plea of guilty to a charge of…