United States v. Daniels

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 96-4202 STANLEY BOBBY DANIELS, Defendant-Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CR-95-374) Submitted: December 19, 1996 Decided: January 6, 1997 Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL James K. Bredar, Federal Public Defender, Joseph A. Balter, Assis- tant Federal Public Defender, Baltimore, Maryland, for Appellant. Lynne A. Battaglia, United States Attorney, Patricia A. Smith, Assis- tant United States Attorney, Baltimore, Maryland, for Appellee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Stanley Bobby Daniels escaped from the Federal Prison Camp in Cumberland, Maryland, on August 25, 1995, and was sentenced to an additional eighteen months imprisonment. He appeals his sentence, contending that the district court erred in denying him a four-level reduction for escape from a non-secure facility similar to a commu- nity corrections center under USSG § 2P1.1(b)(3).* We affirm. A four-level reduction in offense level should be given "if the defendant escaped from the non-secure custody of a community cor- rections center, community treatment center, `half-way house,' or similar facility." USSG § 2P1.1(b)(3). We have previously agreed with other circuits, however, that federal prison camps are not facili- ties which are similar to community corrections centers, community treatment centers, or halfway houses. See United States v. Sarno, 24 F.3d 618, 623, n.4 (4th Cir. 1994); see also United States v. Stalbaum, 63 F.3d 537, 540 (7th Cir. 1995); United States v. McCullough, 53 F.3d 164, 164-65 (6th Cir. 1995); United States v. Cisneros-Garcia, 14 F.3d 41, 42 (10th Cir. 1994); United States v. Tapia, 981 F.2d 1194, 1197-98 (11th Cir.), cert. denied, 508 U.S. 979 (1993); United States v. Shaw, 979 F.2d 41, 45 (5th Cir. 1992). The sentence is affirmed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materi- als before the court and argument would not aid the decisional pro- cess. AFFIRMED _________________________________________________________________ *United States Sentencing Commission, Guidelines Manual (Nov. 1995). 2