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UNITED STATES v. ALLEN

No. 244-70.

432 F.2d 939 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony ALLEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 27, 1970.

Attorney(s) appearing for the Case

Wycliffe V. Butler, Albuquerque, N. M., for defendant-appellant.

John A. Babington (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief) for plaintiff-appellee.

Before LEWIS, Chief Judge, JOHNSEN, Senior Circuit Judge, and HOLLOWAY, Circuit Judge.

PER CURIAM.

Appellant was convicted of a violation of 18 U.S.C. § 751(a), escape from federal custody. He appeals, asserting as the sole appellate issue a claim that his federal custody was triggered by an unlawful arrest originating with state officers. Section 751(a) provides in pertinent part:

Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which...

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