U.S. v. CAPOZZI

No. 12-6169.

723 F.3d 720 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Derek Albert CAPOZZI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 26, 2013.


Attorney(s) appearing for the Case

ON BRIEF: Stephen D. Milner , Lexington, Kentucky, for Appellant. Charles P. Wisdom, Jr. , Jordi de Llano , United States Attorney's Office, Lexington, Kentucky, for Appellee. Derek A. Capozzi, Florence, Colorado, pro se.

Before: MOORE, KETHLEDGE, and STRANCH, Circuit Judges.


OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Derek Capozzi ("Capozzi") pleaded guilty and was convicted of escaping from federal custody. He appeals his conviction and sentence, raising three issues. First, he argues that the district court erred by refusing to allow him to present an affirmative defense of necessity; he claims that escape was his only option to avoid imminent, serious injury from a heart condition. Second, Capozzi contends...

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