U.S. v. CHARLESWORTH

No. 98-10515.

217 F.3d 1155 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Dehart CHARLESWORTH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2000.


Attorney(s) appearing for the Case

J. Gregory Damm, Assistant United States Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

John C. Lambrose, Assistant Federal Public Defender, Las Vegas, Nevada, for the defendant-appellant.

Before: ALARCON, TASHIMA, and SILVERMAN, Circuit Judges.


TASHIMA, Circuit Judge:

Richard Dehart Charlesworth appeals the sentence imposed by the district court following his guilty plea to a charge of escape in violation of 18 U.S.C. § 751(a). The district court held that Charlesworth was not entitled to the four-level reduction for escape from non-secure custody under U.S. Sentencing Guidelines Manual ("U.S.S.G.") § 2P1.1(b)(3) (1998) because the Guideline disallows the reduction if the defendant committed a...

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