United States v. Grove

OPINION

MYRON H. THOMPSON, District Judge.

Defendants Michael Grove and Kevin Lamontt Whitfield each entered a guilty plea to the offense of escape; they are now before the court for sentencing. There are two issues in dispute: (1) whether defendants’ escape conduct falls within § 2P1.1(b)(2) of the United States Sentencing Guidelines, which provides generally that escapees from low-security facilities who return to custody voluntarily within 96 hours will receive a seven-level “downward adjustment” from that of the base-offense level for prison escapes; and (2) whether, if defendants are not…