United States Ninth Circuit

The district court's dismissal of an indictment charging defendant with escape from custody in violation of 18 U.S.C. section 751(a), is affirmed, as defendant was not in "custody" within the meaning of section 751(a) when he left the residential reentry center where he was residing as a condition of his supervised release.

Appellate Information

• Decided 09/13/2012
• Published 09/13/2012

Judges

• Tashima

Court

• United States Ninth Circuit

Counsel