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U.S. v. NOVAK

No. 01-10346.

284 F.3d 986 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. David NOVAK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2002.

Attorney(s) appearing for the Case

Alexander A. Modaber (Argued & Briefed), Federal Public Defender's Office, Las Vegas, Nevada, for the defendant-appellant.

Robert A. Bork (Argued), United States Attorney's Office, Las Vegas, Nevada, for the plaintiff-appellee.

Karyn Kenny (Briefed), United States Attorney's Office, Las Vegas, Nevada, for the plaintiff-appellee.

Before: GOODWIN, SNEED and TROTT, Circuit Judges.

TROTT, Circuit Judge.

David Novak ("Novak") appeals his fifteen-month sentence for escaping from the Federal Prison Camp at Nellis Air Force Base ("Nellis"). Novak argues that the clock measuring the duration of his escape should have begun to tick when he was officially designated an escapee by the United States Marshals Service ("U.S.Marshals"), rather than when he actually departed from custody. We disagree. An escape begins when an inmate departs from lawful custody...

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