Filed: May 07, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4594 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY EUGENE CREWS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:13-cr-00019-BO-1) Submitted: April 28, 2014 Decided: May 7, 2014 Before KEENAN and WYNN, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Thomas
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4594 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY EUGENE CREWS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:13-cr-00019-BO-1) Submitted: April 28, 2014 Decided: May 7, 2014 Before KEENAN and WYNN, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Thomas P..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4594
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BOBBY EUGENE CREWS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:13-cr-00019-BO-1)
Submitted: April 28, 2014 Decided: May 7, 2014
Before KEENAN and WYNN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Thomas G. Walker, United States Attorney, Jennifer
P. May-Parker, Yvonne V. Watford-McKinney, Assistant United
States Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bobby Eugene Crews was confined at the Federal Prison
Camp at Butner, North Carolina. On October 11, 2012 while Crews
was part of an afternoon landscaping crew, he walked away from
the camp and into the nearby woods. He was discovered missing
and placed on escape status. On October 19, 2012, Crews was
apprehended near Greensboro, North Carolina. Crews pled guilty
to escape from federal custody and was sentenced to a term of
twelve months’ imprisonment, to run consecutive to the sentence
he was serving at the time of his escape. Crews appeals,
arguing that the district court erred by not reducing his
offense level under U.S. Sentencing Guidelines Manual
§ 2P1.1(b)(3), which provides for a four-level reduction for
escape from a non-secure community corrections center or similar
facility. We affirm.
We review the application of the Sentencing Guidelines
de novo. United States v. Sarno,
24 F.3d 618, 623 (4th Cir.
1994); United States v. Daughtrey,
874 F.2d 213, 217 (4th Cir.
1989). Under the two-pronged test adopted in Sarno, the
§ 2P1.1(b)(3) reduction applies if: (1) the escape is from a
non-secure facility; and (2) the non-secure facility is “similar
to a community corrections center, community treatment center or
half-way
house.” 24 F.3d at 623.
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Crews does not qualify for a reduction under
§ 2P1.1(b)(3) because a prison camp is not “similar to a
community corrections center, community treatment center or
half-way house.”
Id. at 623 & n.4 (citing cases). Accordingly,
the district court properly denied the reduction.
For these reasons, we affirm Crews’ twelve-month
sentence. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this Court and argument would not aid the decisional
process.
AFFIRMED
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