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UNITED STATES v. PETERSON

No. 78-1433.

592 F.2d 1035 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Barton Hans PETERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 21, 1979.

Attorney(s) appearing for the Case

Herbert Hoffman, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

James M. McCabe (argued), San Diego, Cal., for defendant-appellant.

Before CHAMBERS and ANDERSON, Circuit Judges, and CALLISTER, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Defendant was convicted of escape, 18 U.S.C. § 751(a), after a court trial on stipulated facts. The appeal is timely and we have jurisdiction under 28 U.S.C. § 1291 and 1294. The government states the issue as follows: whether defendant's failure to report to the United States Marshal, after having been ordered by the court, in open court, to commence his custody immediately pursuant to a valid conviction and sentencing...

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