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U.S. v. DEPEW

No. 91-5170.

977 F.2d 1412 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. John Leslie DEPEW, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 1992.

Attorney(s) appearing for the Case

Neal B. Kirkpatrick, Asst. U.S. Atty., Tulsa, Okl. (Tony M. Graham, U.S. Atty., with him on the brief), for plaintiff-appellee.

Richard D. White, Jr., of White & Reno, Tulsa, Okl., for defendant-appellant.

Before SEYMOUR and MOORE, Circuit Judges, and KELLY, District Judge.

PATRICK F. KELLY, Jr., Chief District Judge.

John Leslie Depew appeals his conviction of attempted escape from custody in violation of the federal escape statute, 18 U.S.C. § 751(a). Depew was convicted of one count of attempted escape in a jury trial held before the United States District Court for the Northern District of Oklahoma. Depew argues that he did not attempt to escape, and that in any event, he was not in federal custody at the time of the alleged...

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