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U.S. v. BIGELOW

No. 89-2305.

897 F.2d 160 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick BIGELOW, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 12, 1990.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Marjorie A. Meyers, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant.

Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, WILLIAMS, and JONES, Circuit Judges:

EDITH H. JONES, Circuit Judge:

Patrick Bigelow, appellant, challenges the district court's sentence calculation under the Guidelines on the theory that the "double-counting" of his status as a convicted felon in an escape case violates the double jeopardy clause of the Constitution. For the following reasons, we affirm.

I.

FACTS

On September 16, 1985, Bigelow was sentenced to serve five years in the custody of the Attorney General at a...

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