BRINLEE v. UNITED STATES

No. 73-1340.

483 F.2d 925 (1973)

Garland Rex BRINLEE, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

August 31, 1973.


Attorney(s) appearing for the Case

Albert A. Wolf, Bismarck, N. D., for appellant.

Nathan G. Graham, U. S. Atty., Tulsa, Okl., for appellee.

Before VAN OOSTERHOUT and MATTHES, Senior Circuit Judges, and WEBSTER, Circuit Judge.


PER CURIAM.

This case is before us on the Government's motion to dismiss defendant's timely appeal from his conviction by a jury on four counts of an indictment charging violation of 26 U.S.C. §§ 5861(d), (f), 5871, and 18 U.S.C. § 371, and the resulting sentences imposed aggregating twelve years. The motion is based upon the ground that the defendant Garland Rex Brinlee, Jr., escaped from the Oklahoma State Penitentiary where he was serving a state...

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