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UNITED STATES v. BAILEY

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

675 F.2d 1292 (1982)

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.

April 23, 1982.

Attorney(s) appearing for the Case

Richard S. Kohn, Washington, D. C. (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 and WILKEY, Circuit Judges and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

In United States v. Bailey, 585 F.2d 1087, 1091 (D.C.Cir.1978), Judge Wilkey dissenting, this court reversed the convictions of appellants Bailey, Cooley, and Walker for violations of the Federal Escape Act, 18 U.S.C. § 751(a) (1976), on the grounds that the District Court "did not properly instruct the jury as to what constitutes...

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