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U.S. v. GOWDY

No. 09-15999.

628 F.3d 1265 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Lonzell Demetric GOWDY, a.k.a. Alonzo Smith, a.k.a. Zell, a.k.a. Zo, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 27, 2010.

Attorney(s) appearing for the Case

Bill L. Barnett (Court-Appointed), Oneonta, AL, for Defendant-Appellant.

Ramona C. Albin , Birmingham, AL, for Plaintiff-Appellee.

Before DUBINA, Chief Judge, ANDERSON, Circuit Judge, and MOODY, District Judge.

DUBINA, Chief Judge:

Appellant Lonzell Demetric Gowdy appeals his conviction for escaping from federal custody in violation of 18 U.S.C. § 751(a). Gowdy contends that his failure to turn himself in following his mistaken release from Alabama state custody was not an escape from custody, as required by § 751(a), because he was not in federal custody. We disagree and affirm his conviction.

I.

Gowdy was in the custody of the State of Mississippi...

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