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U.S. v. BURKE

No. 11-30140.

694 F.3d 1062 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony Edyle BURKE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2012.

Attorney(s) appearing for the Case

Joseph H. Harrington , Assistant United States Attorney, Spokane, WA, for the plaintiff-appellant.

Peter S. Schweda , Spokane, WA, for the defendant-appellee.

Opinion by Judge TASHIMA; Dissent by Judge CALLAHAN.

OPINION

TASHIMA, Circuit Judge:

The government appeals the district court's dismissal of an indictment charging Anthony Edyle Burke with escape from custody in violation of 18 U.S.C. § 751(a). The district court concluded that Burke was not in "custody" within the meaning of § 751(a) when he left the residential reentry center where he was residing as a condition of his supervised release. We agree...

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