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BRADY v. UNITED STATES

No. 216-70.

433 F.2d 924 (1970)

Robert Malvais BRADY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

October 26, 1970.

Attorney(s) appearing for the Case

Carl N. Kelly, Wichita, Kan. (Leo H. Smith, Denver, Colo., on the brief), for appellant.

John A. Babington, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., with him on the brief), for appellee.

Before BREITENSTEIN, SETH, Circuit Judges, and TEMPLAR, District Judge.

PER CURIAM.

This is a direct appeal from the District of New Mexico where appellant, charged with escape in violation of 18 U.S.C. § 751(a), was convicted by a jury.

In 1959 appellant pled guilty to a kidnapping charge and was sentenced to a long term of imprisonment. In a prior 28 U.S.C. § 2255 proceeding, this court affirmed the holding that the plea of appellant was voluntary, Brady v. United States, 404 F.2d 601

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