Summary
In Hollen, a brief per curiam opinion, the escapee was at large for 20 days. Although the period of absence again would give rise to an inference of intent to avoid confinement, the court's emphasis, to the extent it is discernible, appears to be on the defendant's failure "to return to [the] reformatory at [the] end of his work day..."
Summary of this case from United States v. JonesOpinion
No. 11871.
Argued April 1, 1968.
Decided April 4, 1968.
A. Tredway Layne, Richmond, Va. (Court-appointed counsel), for appellant.
C.V. Spratley, Jr., U.S. Atty., and Michael Morchower, Asst. U.S. Atty., on brief, for appellee.
Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.
Roger Paul Hollen, a prisoner at the Federal Reformatory, Petersburg, Virginia, participating in the work release program in the city of Petersburg, failed to return to the reformatory at the end of his work day and instead went to Washington, D.C. He was captured about twenty days later. The facts and law fully sustain his conviction for escape. 18 U.S.C. § 751 and 4082.
Affirmed.