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UNITED STATES v. HERRERA

No. 74-1831.

504 F.2d 859 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Zuleta HERRERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 5, 1974.

Attorney(s) appearing for the Case

Theodore S. Worozbyt, James Martin Gecker, Atlanta, Ga., for defendant-appellant.

John W. Stokes, U. S. Atty., J. Robert Cooper, Jerome J. Froelich, Jr., Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, and BELL and MORGAN, Circuit Judges.

PER CURIAM:

This appeal is from the conviction of appellant by the district court sitting without a jury on a charge of escape from the United States Penitentiary in Atlanta in violation of 18 U.S.C.A. § 751(a). Appellant was serving a sentence at the time of the escape for violation of the narcotics laws. Following his escape he was able to make his way to Bogato, Colombia, his home. Some fifteen months later he was...

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