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U.S. v. SMITHERS

No. 93-1584.

27 F.3d 142 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Dillard Jackie SMITHERS, a/k/a "Jackie", Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1994.

Attorney(s) appearing for the Case

Franklyn R. Mickelsen, Jr., Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Dallas, TX, for appellant.

Delonia A. Watson and Jennifer E. Bolen, Asst. U.S. Attys., Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before GOLDBERG, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We reverse Dillard Jack Smithers' convictions for assisting and conspiring in his brother's escape and remand for a new trial. We grapple with the concept that at some point an escape is complete and assisting the fleeing felon may constitute the crime of harboring a fugitive but not assisting the escape.

I.

Jimmy Smithers escaped from the Federal Correctional Institution in Seagoville, Texas. Despite the reality...

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