BIRCH v. UNITED STATES

No. 711-70.

451 F.2d 165 (1971)

Raymond Joe BIRCH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

November 29, 1971.


Attorney(s) appearing for the Case

William H. Sullivan, of Love & Sullivan, Incorporated, Oklahoma City, Okl., for appellant.

Jeff R. Laird, First Asst. U. S. Atty. (William R. Burkett, U. S. Atty., with him on the brief), for appellee.

Before LEWIS, Chief Judge, and HILL and DOYLE, Circuit Judges.


LEWIS, Chief Judge.

Birch was convicted of a violation of 18 U.S.C. § 752(a), aiding and assisting the escape of a federal prisoner confined after conviction. He presents as his principal appellate contention the assertion that his prosecution subjected him to the prohibition of double jeopardy or, in the alternative, was barred by the doctrine of collateral estoppel. The facts are not in dispute and the issue of law is thus reached without complications.

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