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FRAZIER v. UNITED STATES

No. 18514.

339 F.2d 745 (1964)

Leroy A. FRAZIER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 19, 1964.

Petition for Rehearing Denied January 5, 1965.

Attorney(s) appearing for the Case

Mr. Vincent A. Pepper (appointed by this court), Washington, D. C., for appellant.

Mr. Robert W. Healy, Washington, D. C., also entered an appearance for appellant.

Mr. Anthony A. Lapham, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, WRIGHT and McGOWAN, Circuit Judges.

Petition for Rehearing en Banc Denied January 5, 1965.

J. SKELLY WRIGHT, Circuit Judge.

Appellant was convicted of escaping from the custody of the Attorney General1 while serving a sentence for an earlier conviction of narcotics violations. His escape was from St. Elizabeths Hospital, to which, some five months earlier, he had been transferred from the District of Columbia Jail under 24 D.C. CODE § 302 (1961).

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