UNITED STATES v. FRANKENBERRY

No. 218, Docket 31768.

387 F.2d 337 (1967)

UNITED STATES of America, Appellee, v. James Robert FRANKENBERRY, Jr., Appellant.

United States Court of Appeals Second Circuit.

Decided December 18, 1967.


Attorney(s) appearing for the Case

Elkan Abramowitz, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, and Otto G. Obermaier, Asst. U. S. Atty., New York City, on the brief), for appellee.

H. Elliot Wales, New York City, for appellant.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.


PER CURIAM:

James Robert Frankenberry, Jr., was convicted by a jury in the Southern District of New York of escaping from federal custody while confined to an institution by virtue of a conviction for an offense against the United States. 18 U.S.C. § 751.

On April 12, 1967 Frankenberry had been sentenced pursuant to 18 U.S.C. § 5010(b) to up to six years treatment and supervision as a youth offender pursuant to 18 U.S.C. Ch. 402. After a period of...

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