United States v. James Edward Farley

424 F.2d 255, 1970 U.S. App. LEXIS 9928

Opinion

PER CURIAM.

On December 11, 1968, appellant escaped from custody while being transported from the Maryland House of Correction to appear in the United States District Court on a writ of Habeas Corpus Ad Testificandum. For this he was convicted of violating 18 U.S.C. § 751(a).

The sole challenge of this appeal is to the jurisdiction of the court below on the theory that appellant was not in federal custody when he escaped. The contention lacks merit. Since appellant was being conveyed under valid process of the federal government, he was in federal custody. Derengowski v. United States, 404 F.2d 778 (8th Cir. 1968), cert. den., 394 U.S. 1024, 89 S.Ct. 1640, 23 L.Ed.2d 49. Accordingly, the Government’s motion for summary affirmance is granted.

Affirmed.