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U.S. v. ROCHA-LEON

No. 98-10498.

187 F.3d 1157 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Martin ROCHA-LEON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1999.

Attorney(s) appearing for the Case

Atmore L. Baggot, Apache Junction, Arizona, for the defendant-appellant.

Linda C. Boone, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Before: REINHARDT, O'SCANNLAIN, and W. FLETCHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are called upon to decide what might otherwise be a self-evident proposition: whether the federal escape statute criminalizes escape from the custody of the Bureau of Prisons.

I

The facts in this case are undisputed. On April 30, 1990, Rocha-Leon was convicted in the Southern District of California of conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. §§ 841(a...

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