Opinion
No. 06-20965 Summary Calendar.
September 25, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Marjorie A Meyers, Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, No. 4:06-CR-196-ALL.
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
Richard Hampshire appeals the sentence imposed following his guilty plea conviction of escape in violation of 21 U.S.C. § 846. Hampshire contends the district court erred in failing to reduce his base offense level by four pursuant to U.S.S.G. § 2P1.1(b)(3).
In United States v. Shaw, 979 F.2d 41 (5th Cir. 1992), this court affirmed the denial of a § 2P1.1(b)(3) adjustment to a defendant who walked away from a federal prison camp that was similar to the one from which Hampshire escaped. See Shaw, 979 F.2d at 42-43. Hampshire's argument that his case is factually distinguishable from Shaw is unavailing; he has failed to establish that the federal prison camp in which he was confined is similar to a community corrections center, community treatment center, or halfway house.
Accordingly, the district court did not err in refusing to reduce the sentence under § 2P1.1(b)(3). See Shaw, 979 F.2d at 45; United States v. Ruiz, 180 F.3d 675, 676 (5th Cir. 1999). The judgment of sentence is AFFIRMED.