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UNITED STATES v. COGDELL

No. 77-1602.

585 F.2d 1130 (1978)

UNITED STATES of America v. James T. COGDELL, a/k/a James T. Cogwell, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1978.

As Amended July 12, 1978.

Rehearing Denied October 19, 1978.

Attorney(s) appearing for the Case

Dorothy Sellers, Washington, D. C. (appointed by this court), for appellant.

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. James F. Hibey and William D. Pease, 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.

Appellant James Cogdell was convicted by a jury of violating 18 U.S.C. § 751(a) (1976) by escaping from the "Northeast One" section of the new D.C. Jail on August 26, 1976, the same date as the escape of the appellants in United States v. Bailey, 190 U.S...

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