According to the U.S. Attorney's Office, Mark Haines tried to escape by digging out a block at the head of his bed and then covering it up.
The escape attempt happened as Haines waited to be sentenced for the 2010 robbery of a BB&T Bank in Martinsburg.
After Haines was sentenced to 19 years for that robbery, he filed a civil suit against Jefferson County Sheriff Bob Shirley.
Haines says Shirley and his deputies beat him.
Shirley is awaiting a criminal trial set to begin in January and a civil trial in the case in November of 2013.
Haines faces up to five additional years in prison and a $250,000 fine for the escape attempt.