UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30491
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARNOLDO OZUNA GALAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
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April 25, 1996
Before JOLLY, JONES, and STEWART, Circuit Judges.
EDITH H. JONES, Circuit Judges:
Appellant Arnoldo Ozuna Galan challenges the 37-month
sentence he has received after pleading guilty to conspiracy to
escape from a federal prison. He also disagrees with the district
court’s evaluation of additions to his base offense level. We find
no error and affirm.
Galan first argues that the prosecution for conspiracy to
escape is barred by double jeopardy concerns because he was
punished in prison for the same conduct by being held in
segregation subsequent to the offenses, being transferred to a
higher security level facility, and losing good-time credit. Galan
argues that this court has not reexamined its decision, issued
before United States v. Halper, 490 U.S. 435, 448 -50 (1989), which
concluded that prison disciplinary proceedings do not bar future
criminal prosecutions. See, e.g., United States v. Bryant, 563
F.2d 1227, 1230 (5th Cir. 1977), cert. denied, 435 U.S. 972 (1978).
While this court has not reviewed the issue in light of Halper and
other Supreme Court punishment-related cases, however, four other
federal circuit courts have rejected appellant’s contention.
United States v. Brown, 59 F.3d 102, 103-05 (9th Cir. 1995); United
States v. Hernandez-Fundora, 58 F.3d 802, 806-07 (2nd Cir.), cert.
Denied, 115 S.Ct. 2288 (1995); Garrity v. Fielder, 41 F.3d 1150,
1152-53 (7th Cir. 1994); cert. denied, 115 S. Ct. 1420 (1995);
United States v. Newby, 11 F.3d 1143, 1144-46 (3rd Cir. 1993),
cert. denied, 114 S.Ct. 1841 (1994), cert. denied, 115 S.Ct. 111
(1994). We see no reason to disagree with their uniform
conclusion.
Galan also argues that the district court erred in
denying him a reduction for acceptance of responsibility and in
increasing his offense level by finding him a leader in the escape
attempt. We grant particular deference in reviewing these findings
of fact. The district court refused to award Galan a reduction for
acceptance of responsibility, in main part, because Galan
contradicted the investigation of the probation office and
attempted to minimize his involvement in the offense. The court,
which had authority notwithstanding the plea agreement to make
findings concerning Galan’s leadership role, credited the PSR’s
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statements that Galan organized his relatives to assist in the
escape attempt, to maintain a safe house and to furnish
transportation to Mexico. The district court did not clearly err
in awarding either of these enhancements.
AFFIRMED.
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