MUIR, District Judge.
On January 4, 1991, Patrick Lawrence Petro was sentenced by a district court in the District of New Mexico to 121 months imprisonment on a conviction for possession with intent to distribute more than 5 kilograms of cocaine. On February 13, 1991, Petro surrendered to the custody of the Bureau of Prisons and was transferred to the Federal Prison Camp at Allenwood (hereinafter referred to as "Allenwood"), Montgomery, Pennsylvania.
On September 14, 1992, during the 4:00 p.m. count at Allenwood, a discrepancy in the number of inmates was discovered for Unit B-1. Correctional staff determined that Petro was missing from his assigned area and searched the surrounding area but did not locate him. At approximately 4:55 p.m., the United States Marshal's Service, the Pennsylvania State Police and local authorities were notified that Petro had escaped. On September 16, 1992, Petro was apprehended in West Fairview Township, York County, Pennsylvania, at approximately 2:00 a.m., walking along railroad tracks. He was returned to the United States Penitentiary at Lewisburg.
A grand jury handed down a one-count indictment against Petro charging him with escape in violation of Title 18, United States Code, Section 751(a). At arraignment Petro entered a plea of guilty pursuant to a written plea agreement which provided in part that in exchange for his plea the government would recommend that the Court impose a minimum prison term within the applicable sentencing guideline range. We accepted the guilty plea and plea agreement reserving the right to impose any lawful sentence, ordered the preparation of a presentence report and scheduled a presentence conference and a presentence hearing. The presentence report was prepared by probation officer Drew Thompson and submitted to Petro, defense counsel and the government on February 16, 1993. Neither the government nor Petro filed objections to the presentence report. The probation officer determined that the base offense level is 13, the total offense level is 11, the criminal history category is III, the guideline imprisonment range is 12 to 18 months, and the fine range is $ 2,000 to $ 20,000.
At the presentence conference it was determined that there were no factual errors in the presentence report. However, in light of a recent opinion by the Court of Appeals for the Third Circuit dealing with § 2P1.1 of the United States Sentencing Guidelines, it was determined that it was necessary to hold a presentence hearing.
Section 2P1.1 provides in pertinent part:
§ 2P1.1 Escape, Instigating or Assisting Escape
(a) Base Offense Level: