United States of America, Plaintiff-appellee, v. Steven Goldman, Defendant-appellant, 981 F.2d 1260 (9th Cir. 1992)

MEMORANDUM^** 

Steven Goldman pleaded guilty to escaping from the custody of the federal prison camp at La Tuna, Texas, in violation of 18 U.S.C. § 751(a), and now appeals his sentence under the Sentencing Guidelines. The district court had jurisdiction under 18 U.S.C. § 3231. Notice of appeal was timely filed. Fed. R. App. P. 4(b). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

Application of the Sentencing Guidelines is reviewed de novo. United States v. Kohl, 972 F.2d 294, 297 (9th Cir. 1992); United States v. Lawrence, 916 F.2d 553, 554 (9th Cir. 1990).

Goldman claims the sentencing court erred in its application of U.S.S.G. § 2P1.1 by denying him a four-level reduction in his offense level because he escaped from the "non-secure custody" of a federal prison camp. See U.S.S.G. § 2P1.1(b) (3). Goldman's argument was recently rejected in United States v. McGann, 960 F.2d 846 (9th Cir.), cert. denied, --- U.S. ----, 1992 U.S. LEXIS 6205 (1992).

Like the Lompoc prison camp in McGann, the La Tuna prison camp is not a non-secure facility within the meaning of Guideline § 2P1.1(b) (3). Accordingly, the district court did not err in refusing to give Goldman a four-level decrease in his offense level under this section.

AFFIRMED.