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U.S. v. CISNEROS-GARCIA

Nos. 93-3216, 93-3217.

14 F.3d 41 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto CISNEROS-GARCIA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rodney Arnett COHEE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 19, 1994.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Charles D. Anderson, Federal Public Defender, and Charles D. Dedmon, Asst. Federal Public Defender, Topeka, KS, for defendant-appellant Roberto Cisneros-Garcia and defendant-appellant Rodney Arnett Cohee.

Randall K. Rathbun, U.S. Atty., and Thomas G. Luedke, Asst. U.S. Atty., for plaintiff-appellee.

Before MOORE, ANDERSON and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Mr. Cisneros-Garcia and Mr. Cohee each pled guilty to escape from the U.S. Penitentiary, Leavenworth, Kansas, Honor Camp. 18 U.S.C. § 751(a). Each was sentenced to an additional eighteen months. The district court declined to treat the escape as one from non-secure custody in a facility like "a community corrections center, community treatment center or `halfway house,'" and therefore declined to reduce the base offense level by...

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