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U.S. v. HELTON

No. 96-10542.

127 F.3d 819 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Mark Wayne HELTON, Sr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1997.

Attorney(s) appearing for the Case

Rimantas A. Rukstele, Assistant United States Attorney, Las Vegas, Nevada, for plaintiff-appellant.

Janet S. Bessemer, Assistant Federal Public Defender, Las Vegas, Nevada, for defendant-appellee.

Before: ALDISERT, CHOY and THOMPSON, Circuit Judges.

PER CURIAM:

FACTS

The defendant-appellee Mark Wayne Helton, Sr. was incarcerated at the Federal Prison Camp on the Nellis Air Force Base in Nevada. On April 27, 1995, while assigned to an unsupervised work detail at a Las Vegas city park, Helton escaped by walking away from the detail and boarding a bus.

He was later arrested, and pleaded guilty to prison escape in violation of 18 U.S.C. § 751(a). The presentence report submitted to the...

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