United States of America, and v. Carlos Rosas-Garduno, And

Ninth Circuit

United States of America, and v. Carlos Rosas-Garduno, And

427 F.2d 352, 1970 U.S. App. LEXIS 9800

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 14, 1970

Docket24853_1

StatusPublished

Cited by5 cases

This text of 427 F.2d 352 (United States of America, and v. Carlos Rosas-Garduno, And) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States of America, and v. Carlos Rosas-Garduno, And, 427 F.2d 352, 1970 U.S. App. LEXIS 9800 (9th Cir. 1970).

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Opinion

PER CURIAM:

Appellant seeks reversal of conviction for escape from confinement at Federal Prison Camp, Safford, Arizona, pursuant to 18 U.S.C. Sec. 751. He asserts that the proof at trial of the elements of the crime of escape was inadequate.

We reject the assertion for the following reasons:

1. Conviction was established by an exemplified copy of the judgment of conviction (Government Exhibit II).

2. Commitment was established by the original certificate of the Deputy United States Marshal that defendant had been delivered to the prison camp.

3. Defendant’s contention that the Government was required to prove, in addition, that confinement at Safford was by direction of the Attorney General has been rejected in United States v. Jones, 392 F.2d 567 (C.A.4,1968), and we agree.

Conviction affirmed.

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