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UNITED STATES v. CAPEN

No. 77-1502.

571 F.2d 374 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel E. CAPEN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1978.

As Amended February 27, 1978.

Attorney(s) appearing for the Case

David C. Mebane, U. S. Atty., John A. Franke, Asst. U. S. Atty., Madison, Wis., for plaintiff-appellant.

W. Dan Bell, Jr., Madison, Wis., for defendant-appellee.

Before SPRECHER and TONE, Circuit Judges, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

The sole issue of this appeal is whether a criminal defendant may be prosecuted under 18 U.S.C. § 3150 for failing to report to a United States Marshal in violation of a Court Order specifying such reporting as a condition of his release pending trial.

On December 8, 1976, defendant-appellee, Daniel Capen, was arrested and charged with the impersonation of an officer of the United States. He was unable to make bond but, on...

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