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U.S. v. ROSA-ORTIZ

No. 02-2362.

348 F.3d 33 (2003)

UNITED STATES, Appellee, v. Miguel ROSA-ORTIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 28, 2003.

Attorney(s) appearing for the Case

Rafael F. Castro Lang for appellant.

Nelson Perez-Sosa, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres-Pabon, Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Circuit Judge, SILER, Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

Miguel Rosa-Ortiz pleaded guilty in federal court to conspiracy to violate the Federal Escape Act, 18 U.S.C. § 751(a), which criminalizes escape and attempted escape by persons who are in federal custody under specified conditions — including, as the statute pertains to this case, persons in custody "by virtue of an arrest on a charge of felony, or conviction of any offense." But no court of appeals may uphold a plea of guilty to...

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