United States v. Durham

James Durham appeals the district courts denial of his motion to withdraw his plea of guilty to escape from a halfway house, arguing that the government coerced him into pleading guilty. Durham also appeals the district courts denial of his Rule 35(c) motion to correct his sentence. We conclude that the district court did not err in denying either motion. The factors articulated in United States v. Spencer, 836 F.2d 236 (6th Cir. 1987), indicate that Durham did not articulate a "fair and just reason" in support of his motion to withdraw his plea. In addition, the district court did not err, pursuant to U.S.S.G. § 3C1.2 n.1, by applying a two-level "reckless endangerment" sentencing increase on the basis of Durhams assault of state and federal officers during his escape where that same conduct precluded the court from applying a four-level sentencing decrease.