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Gowdy: Violation of federal detainer is "escape"

By Tim Cone

In U.S. v. Gowdy, No. 09-15999 (Dec. 27, 2010), the Court held that, even though the defendant was never in federal prison, but only subject to a federal detainer after his federal conviction and sentencing, he could still be guilty of ?escape from custody? under 18 U.S.C. § 751(a).Gowdy was mistakenly released from State custody, at a time he was subject to a federal detainer to serve a federal sentence. Gowdy contended that his failure to turn himself in did not constitute ?escape.?The Court noted the ?broad scope? of § 751(a), which reaches non-violent walkaways and failure to report for incarceration, or to return to custody. Here, Gowdy was in ?constructive? federal custody by virture of a process issued under the laws of the United States by a federal district court...continue to full post

Full post as published by Defense Newsletter Blog on December 28, 2010 (boomark / email).