Opinion of the Court — United States v. Denton

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Type: Opinion of the Court
Filed: June 24, 2002
Case: United States v. Denton
Case status: Decided

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Opening text

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ORDER Jon R. Denton, a federal prisoner proceeding through counsel, appeals the sentence imposed following his conviction for escaping from federal custody in violation of 18 U.S.C. § 751 (a). The parties have expressly waived oral argument, and upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a). Denton escaped in 1994 from the Federal Prison Camp in Manchester, Kentucky, where he was serving a 120 month prison sentence for possessing marijuana with the intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime. Federal officials located Denton in Costa Rica in 2000, and extradited him to the United States. In 2001, Denton pleaded guilty, pursuant to a written plea agreement, to violating § 751(a) and was sentenced, over his numerous objections, to an additional 18 months in prison. Denton has filed a timely appeal, arguing that because he had escaped from a non-secure facility, the district court erred by not reducing his offense level pursuant to USSG § 2P1.1(b)(3). This court reviews a sentencing court’s interpretation of the Sentencing Guidelines and sentencing statutes de novo, an…

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