United States v. Christopher Thomas Blandin

Christopher Thomas Blandin (“Blandin”) appeals the sentence imposed by the district court following his guilty plea for escaping from a non-secure halfway house in violation of 18 U.S.C. § 751 (a). Blandin argues that the district court erred by denying him a seven-level reduction for voluntary return under U.S.S.G. § 2P1.1(b)(2) because he had formed the subjective intent to return to custody prior to his arrest. Blandin further argues that the district court erred by relying upon “testimonial hearsay” contained in his Pre-Sentence Investigation Report (“PSR”) in violation of his Sixth Amendment right to confrontation.

We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We conclude that Blandin does not qualify for a sentencing reduction under § 2P1.1(b)(2) because he only returned to custody after he was arrested for trespassing. We further conclude that because Blandin’s arrest for trespassing precludes a downward adjustment under § 2P1.1(b)(2), any alleged “testimonial hearsay” error was harmless.

BACKGROUND

Blandin was a resident of Clark Center, a non-secure halfway house located in Las Vegas, Nevada. In October 2004, Blandin left the center for a job…