United States v. Corvin C. Emdy

Corvin C. Emdy appeals from his conviction and sentence on a charge of attempting to escape from the United States Penitentiary at McNeil Island, Washington, while incarcerated therein as a convicted felon, in violation of 18 U.S.C. § 751 . We affirm.

Emdy argues: (1) the trial court abused its discretion in not granting a more extensive continuance than was ordered, after it was discovered on the morning of the trial that there were some pills in a pocket of the jacket defendant wore during the escape attempt which, defendant claimed, were amphetamines or barbiturates; (2) the trial court erred in admitting in evidence a purported chemical analysis of the chemical contents of a pill found in the jacket pocket, over the objection that the analysis did not conform to the stipulation of the parties concerning such analysis; and (3) the defendant has been denied the effective assistance of counsel on appeal, by reason of the Government’s asserted action in transporting defendant, after conviction, to various federal prisons in Texas, Pennsylvania and Kansas.

In our opinion, the district court granted an adequate continuance after defendant’s counsel learned of the pills in…