Bloom

MEMORANDUM **

Mark Bloom appeals his conviction for violating 18 U.S.C. §§ 751 (a), 4082(a); escaping from the custody of the Attorney General. Bloom argues that no probable cause existed to support his arrest and that a conviction violates his double jeopardy rights because he had been punished when the Bureau of Prisons (“BOP”) revoked his “good time” credits for escaping.

At the time of the escape, Bloom was serving a twenty-four month sentence in federal custody for alien smuggling. The first portion of Bloom’s sentence was served in a federal prison in Phoenix, Arizona. Prior to his release from custody, the BOP transferred Bloom to a Community Corrections Center (“CCC”) in San Diego, California. On his first day at the CCC, Bloom checked out on a hygiene and job search pass and never returned.

I. Probable Cause To Support Arrest

Section 751 of Title 18 prohibits “escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General.” 18 U.S.C. § 751 (a). The scope of § 751 is expanded by 18 U.S.C. § 4082 . See 18 U.S.C. § 4082 (a) (“The…