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U.S. v. FOSTER

No. 13-1474.

754 F.3d 1186 (2014)

UNITED STATES of America, Plaintiff-Appellant, v. Cheston Jerome FOSTER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 18, 2014.

Attorney(s) appearing for the Case

William A. Glaser , Attorney, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. ( John F. Walsh , United States Attorney; Robert M. Russel , Chief, Appellate Section, Office of United States Attorney, District of Colorado, with him on the briefs; Mythili Raman , Acting Assistant Attorney General and Denis M. McInerney , Deputy Assistant Attorney General, with him on the opening brief; David A. O'Neil , Acting Assistant Attorney General and David M. Bitkower , Deputy Assistant Attorney General, with him on the reply brief), for Plaintiff-Appellant.

Madeline S. Cohen , Assistant Federal Public Defender ( Virginia L. Grady , Interim Federal Public Defender, with her on the brief), Denver, CO, for Defendant-Appellee.

Before BRISCOE, Chief Judge, MURPHY and MATHESON, Circuit Judges.

BRISCOE, Chief Judge.

The sole issue in this case is whether Cheston Jerome Foster escaped from custody when he left a residential reentry center where he was ordered to reside as a condition of his supervised release. Foster was subsequently charged with one count of escape from custody, in violation of 18 U.S.C. § 751(a). The district court dismissed the indictment after concluding that Foster was not in custody. The government appeals. We exercise jurisdiction...

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