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UNITED STATES v. PHIPPS

No. 76-2411 Summary Calendar.

543 F.2d 576 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. John Wesley PHIPPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 6, 1976.

Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender, Atlanta, Ga., for defendant-appellant.

John W. Stokes, U. S. Atty., Dorothy T. Beasley, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, GEE and TJOFLAT, Circuit Judges.

PER CURIAM:

When about three months were left in Appellant Phipps' prison term, the government transferred him to a Federal "pre-release" center. At that time, officials of the center explained to Phipps that he could leave during the day after signing out, but that he must return each night. On September 4, 1975, six weeks before his scheduled release date, Phipps failed to return after signing out first for 8 p. m., and later for 11 p. m. The police located him...

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