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U.S. v. DAVIS

No. 02-50451.

336 F.3d 920 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. William Nelson DAVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2003.

Attorney(s) appearing for the Case

Carol C. Lam, United States Attorney, Christopher P. Tenorio, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Todd W. Burns, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Before: THOMPSON, TROTT, and TALLMAN, Circuit Judges.

OPINION

TROTT, Circuit Judge:

William Nelson Davis ("Davis") appeals his conviction and sentence for escape, in violation of 18 U.S.C. § 751(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. Davis argues that the district court erred in denying his motion to dismiss the indictment for failure adequately to allege criminal intent. Because the indictment sufficiently tracked the language of § 751(a), and because the term "escape" as used...

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