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U.S. v. PATTERSON

No. 99-50739.

230 F.3d 1168 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Michael PATTERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2000.

Attorney(s) appearing for the Case

Mayra Garcia, San Diego, California, for the defendant-appellant.

Mark P. Edelman, Assistant United States Attorney, San Diego, California; Cynthia Bashant, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: REINHARDT, T.G. Stephen Reinhardt, Thomas G. NELSON, and SILVERMAN, Circuit Judges. Barry G. Silverman, Circuit Judges.

Argued and Submitted September 12, 2000. — Pasadena, California

SILVERMAN, Circuit Judge:

Defendant Michael Patterson pled guilty to a one count indictment charging him with escaping from custody in violation of 18 U.S.C. § 751(a). The indictment alleged that Patterson was confined in a correctional center "by virtue of a conviction" for a specified felony. In point of fact, at the time of the escape, Patterson was in custody following revocation...

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