United States v. Hampshire , 242 F. App'x 989 ( 2007 )

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT Fifth Circuit
F I L E D
No. 06-20965 September 25, 2007
Summary Calendar
Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RICHARD HAMPSHIRE,
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.
PER CURIAM:*
Richard Hampshire appeals the sentence imposed following his guilty plea
conviction of escape in violation of 21 U.S.C. § 846. Hampshire contends the dis-
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-20965
trict 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 es-
caped. See Shaw, 979 F.2d at 42-43. Hampshire’s argument that his case is fac-
tually 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 cor-
rections center, community treatment center, or halfway house.
Accordingly, the district court did not err in refusing to reduce the sen-
tence under § 2P1.1(b)(3). See Shaw, 979 F.2d at 45; Ruiz, 180 F.3d 675, 676
(5th Cir. 1998). The judgment of sentence is AFFIRMED.
2