United States v. Joshua Carl Redman

Good Law
35 F.3d 437·94 Daily Journal DAR 12857·1994 WL 487364·1994 U.S. App. LEXIS 24494·94 Cal. Daily Op. Serv. 7004
United States Court of Appeals for the Ninth CircuitSeptember 12, 199493-30437California2,782 words

Opinion

Opinion

Fernandez, J.

Joshua Carl Redman appeals his sentence under the Sentencing Guidelines imposed following his guilty plea on charges of conspiracy to aid and assist an escape, in violation of 18 U.S.C §§ 752(a), 371. We affirm.

BACKGROUND

In late December 1992, Redman agreed to assist a federal prisoner awaiting trial in his escape from a jail in Washington. On January 6, 1993, he broke into the jail and unsuccessfully attempted to cut through reinforcement bars leading to his friend’s cell block. A month later, in an unrelated incident, Red-man burglarized a pawn shop in Utah. He was tried and convicted in Utah state court for second degree theft. Utah Code Ann. § 76-6-412 (l)(a). The state court imposed a one-to-fifteen year indeterminate sentence upon Redman. He was subsequently brought to Seattle and charged in federal court with conspiracy to aid and assist an escape. Redman pled guilty to the federal charge. The district court sentenced Red-man to 18 months imprisonment, to run consecutively to his Utah sentence. Redman now appeals his federal sentence. He argues that the court erred in its application of United States Sentencing Commission, Guidelines Manual, § 5G1.3, which governs…

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