United States v. Birchfield

ORDER

MYRON H. THOMPSON, District Judge.

Defendant Harold Clay Birchfield, who has entered a guilty plea to the offense of escape, 18 U.S.C.A. § 751(a), is now before the court for sentencing. The issue presented to the court is whether a “departure downward” is appropriate under the Sentencing Reform Act of 1984 as amended, 18 U.S.C.A. §§ 3551, et seq., and 28 U.S.C.A. §§ 991, et seq. Based on the evidence and the governing sentencing guidelines, the court determines that a departure downward is warranted and that Birchfield should be sentenced to a term of four months incarceration.

I.…