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Nace v. United States

United States Court of Appeals, Eighth Circuit
Jul 9, 1964
334 F.2d 235 (8th Cir. 1964)

Summary

finding that defendant, who was in the custody of the Attorney General, but allowed to serve his sentence at a halfway house, was in "custody" for purposes of the "escape" statute notwithstanding the freedom allowed him at the halfway house

Summary of this case from U.S. v. Hollingshed

Opinion

No. 17678.

July 9, 1964.

LeRoy Francis Nace, Jr., pro se.

Nothing was filed in this Court or appearance entered in behalf of the appellee.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.


The appeal is from the denial of appellant's motion under 28 U.S.C.A. § 2255 to vacate a sentence against him for escape, 18 U.S.C. § 751.

Appellant, while in the custody of the Attorney General on a Dyer Act sentence, 18 U.S.C. § 2312, was sent to the Federal Pre-Release Guidance Center at Los Angeles, California, where he was permitted to go on a job with a private employer, as part of the Guidance Center program. He was under direction and obligation to return to the Guidance Center, but he failed to do so and instead absconded. He was prosecuted and sentenced for escape under 18 U.S.C. § 751.

Because of the freedom which was allowed him at the Guidance Center, he contended in his motion to vacate that he was not in such custody as could make his abscondment an escape. The contention is frivolous. Under 18 U.S.C. § 4082, the Attorney General was given custody of appellant for the term of the imprisonment fixed in his Dyer Act sentence. Appellant was engaged in the service of that sentence at the Guidance Center at the time of his abscondment. Whatever may have been the privileges which he was permitted to enjoy, he was nevertheless under the legal restraint of his sentence and in the custody of the Attorney General. His abscondment from the restraint and custody was an escape under § 751.

Appeal dismissed.


Summaries of

Nace v. United States

United States Court of Appeals, Eighth Circuit
Jul 9, 1964
334 F.2d 235 (8th Cir. 1964)

finding that defendant, who was in the custody of the Attorney General, but allowed to serve his sentence at a halfway house, was in "custody" for purposes of the "escape" statute notwithstanding the freedom allowed him at the halfway house

Summary of this case from U.S. v. Hollingshed

In Nace, one sentenced to imprisonment was guilty of escape when, following a temporary release from a pre-release guidance center in order to permit him to work on a job, he absconded and failed to return when ordered.

Summary of this case from United States v. Leonard
Case details for

Nace v. United States

Case Details

Full title:LeRoy Francis NACE, Jr., Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 9, 1964

Citations

334 F.2d 235 (8th Cir. 1964)

Citing Cases

Young v. Director, U.S. Bureau of Prisons

1966); Nace v. United States, 231 F. Supp. 528 (D.Minn. 1964), aff'd. 334 F.2d 235 (8th Cir. 1964). "Sentence…

U.S. v. Hollingshed

The government predicts that the Eighth Circuit would reach the same conclusion as the Tenth Circuit, noting…