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UNITED STATES v. APKER

No. 23692.

419 F.2d 388 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Rick Allen APKER, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

December 10, 1969.

Attorney(s) appearing for the Case

David M. Rothman (argued), Los Angeles, Cal., for defendant-appellant.

Michael J. Lightfoot (argued), Robert L. Brosio, Asst. U. S. Attys., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before ELY and TRASK, Circuit Judges, and PENCE, District Judge.

PER CURIAM.

Apker, an inmate of a Federal Correctional Institution was charged, tried by jury, convicted of Attempted Escape under 18 U.S.C. § 751 and sentenced therefor to 45 days imprisonment, to run consecutively to any other sentences previously imposed.

The evidence before the jury was more than sufficient to support its verdict that Apker was unequivocally activating what may have well been a foolhardy attempt to escape, when he was caught. This...

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