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UNITED STATES v. BAILEY

Nos. 77-1404, 77-1413 and 77-1502.

585 F.2d 1087 (1978)

UNITED STATES of America v. Clifford BAILEY, Appellant. UNITED STATES of America v. Ronald Clifton COOLEY, Appellant. UNITED STATES of America v. Ralph WALKER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1978.

As Amended July 12 and 14, 1978.

Rehearing Denied October 19, 1978.

Attorney(s) appearing for the Case

David A. Levitt, Watertown, Mass. (appointed by this court), for appellant in No. 77-1404.

Robert A. Robbins, Jr., Washington, D.C. (appointed by this court), for appellant in No. 77-1413.

John Townsend Rich, Washington, D.C. (appointed by this court), for appellant in No. 77-1502.

David G. Hetzel, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., and John A. Terry and Steven R. Schaars, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee. William D. Pease and James F. Hibey, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellee.

Before WRIGHT, Chief Judge, and McGOWAN and WILKEY, Circuit Judges.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge WILKEY.

J. SKELLY WRIGHT, Chief Judge:

Appellants in these criminal jury cases were convicted of violating 18 U.S.C. § 751(a) (1976)1 by escaping "from the custody of the Attorney General" when they departed from the New Detention Center of the District of Columbia Jail ("Northeast One") in the early morning hours...

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