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UNITED STATES v. McCRAY

No. 72-1098.

468 F.2d 446 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Edward McCRAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 25, 1972.

Attorney(s) appearing for the Case

Glen S. Kelly, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., on the brief), for plaintiff-appellee.

Martha Goldin, of Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Defendant-appellant McCray was indicted for an escape in violation of 18 U.S.C. § 751(a) and found guilty by a jury. He appeals from the judgment imposing sentence.

His retained counsel attack the sufficiency of the indictment. It charges that on June 14, 1969, defendant

"unlawfully escaped from the United States Penitentiary Farm, Leavenworth, Kansas, while confined in such institution by direction of the Attorney...

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