ELLER v. UNITED STATES

No. 18666.

327 F.2d 639 (1964)

James David ELLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 25, 1964.


Attorney(s) appearing for the Case

Dewey E. Turner, Palo Alto, Cal., for appellant.

Moody Brickett, U. S. Atty., Great Falls, Mont., and Richmond F. Allan, Asst. U. S. Atty., Billings, Mont., for appellee.

Before MADDEN, Judge of the Court of Claims, and CHAMBERS and BROWNING, Circuit Judges.


BROWNING, Circuit Judge.

Appellant pleaded guilty to a charge of assisting in the escape of a prisoner in violation of 18 U.S.C.A. § 752. Since the prisoner was charged with a misdemeanor, appellant's offense was likewise a misdemeanor, punishable by confinement for not more than one year. Appellant was sentenced under the Youth Corrections Act, 18 U.S.C.A. §§ 5005-5026, which provides for conditional release within four years and unconditional release...

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