UNITED STATES v. BRYAN

No. 78-5489.

591 F.2d 1161 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Henry BRYAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1979.


Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender, Janet F. Perlman, Asst. Federal Public Defender, Atlanta, Ga., for defendant-appellant.

William L. Harper, U. S. Atty., William F. Bartee, Jr., Andrew J. Ekonomou, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD, SIMPSON and RONEY, Circuit Judges.


PER CURIAM:

Defendant appeals his jury conviction for escape from the custody of the Attorney General in violation of 18 U.S.C.A. § 751(a). While serving a 22-year sentence for bank robbery, defendant escaped from a hospital where he had been temporarily housed for medical treatment, after which he was to be returned to the Atlanta Federal Penitentiary.

Asserting duress or necessity as a defense, defendant claimed his escape was a direct result of his...

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