Here an escape attempt is a separate crime that gets you time in the state pen. This could mess things up for him.
Check it out:

The U.S. Marine jailed in a Mexican prison on gun charges told Fox News’ Greta Van Susteren Friday new details about his harrowing attempt to escape from jail, a move he says he attempted because he feared for his life.

Sgt. Andrew Tahmooressi has been imprisoned in Mexico after he accidentally crossed the border March 31 with three guns in his truck.

Tahmooressi told Van Susteren on “On the Record” he tried to flee by scaling a nearby cage that was about nine feet tall. He said he pulled himself up to the top of the cage and ran across the cage onto a nearby rooftop.

He said he was able to go from the roof to a fence, and scaled many other rooftops and fences until he reached a front gate of the prison. He said he saw no way out, so attempted to shimmy across a pipe to reach another roof.

Then, he said, a Mexican official with a shotgun in a tower behind him began shooting at him. He said he saw the bullet’s impact only about four feet above his head.

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