Person
United States v. Person
Opinion
Opinion
Byrne, J.
On August 17, 1959, Elroy Eugene Person, defendant, pleaded guilty to one count of an indictment charging him with violation of 18 U.S.C. § 500 , and in September of that year he was sentenced to the custody of the Attorney General pursuant to the terms of the Federal Youth Corrections Act. [ 18 U.S.C. § 5017 (c)]. He was then committed to the Federal Correctional Institution at Lompoc, California.
In December of 1962 defendant was transferred from Lompoc to the Federal Pre-Release Guidance Center, commonly known as the “half-way house”, with a parole date effective on May 2, 1963.
The officials of the half-way house obtained an outside job for defendant which he was allowed to go to each day, but he was required to return each night.
On January 11, 1963, the defendant was given a five hour night pass so that he could visit his grandmother. He was unaccompanied by any official or other delegate of the Attorney General when he left, but he was to return at 10:30 P. M. that night. While out on this pass defendant visited a restaurant, started drinking beer, and overstayed his leave. Having overstayed his leave he decided not to go back at all.