U.S. v. Conley

Dist. Ct. did not err in sentencing defendant to 41-month term of incarceration on escape charge that was imposed consecutively to sentence given to bank robbery charge to which defendant was incarcerated at time of escape. While defendant argued that section 5G1.3(b) of USSG applied so as to require that he be given concurrent sentence for his escape charge, section 5G1.3(b) did not apply since his bank robbery was completed offense at time of escape, and thus did not constitute relevant conduct with respect to his escape charge. Moreover, defendant could not establish additional requirement that his bank robbery offense serve as basis for any increase in offense level assigned to his escape charge.