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UNITED STATES v. SPLETZER

No. 75-3616.

535 F.2d 950 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Donald SPLETZER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 26, 1976.

Attorney(s) appearing for the Case

Kenneth H. Jones, Jr., Ft. Worth, Tex. (court appointed), for defendant-appellant.

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., Judith A. Shepherd, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GEWIN, GODBOLD and SIMPSON, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Robert Donald Spletzer was adjudged guilty, following a jury trial and adverse verdict, of escape from federal custody in violation of 18 U.S.C. § 751(a). The indictment charged that he knowingly, wilfully and unlawfully escaped. We reverse and remand.

I. Factual Background

In 1972 Spletzer was convicted of the federal offense of theft from a federally insured...

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