United States v. John Frederick Viger

Appellant Viger appeals from his judgment of conviction that he did “aid and assist the escape of Alan Bruce Long, a person committed to the custody of the Attorney General; said custody being pursuant to convictions for violations of the law of the United States,” in violation of 18 U.S.C. § 752 . We affirm.

Appellant contends that at the time of his escape, Long was no longer in the custody of the Attorney General; accordingly, one of the essential elements alleged in the indictment was missing.

Prior to February 5, 1975, Long was incarcerated in McNeill Island Federal Penitentiary at Steilacoom, Washington, as a convicted felon under the laws of the United States. On February 5, 1975, a writ of habeas corpus ad testificandum was issued by the United States District Court for the Western District of Washington, commanding the warden of McNeill Island Federal Penitentiary to produce Long before the Grand Jury of the District Court in Seattle on March 18, 1975. The return of the writ indicated that pursuant thereto, Long was transferred to King County Jail at Seattle, Washington, on March 14, 1975.

Long appeared before the Grand Jury on March 19, 1975, was granted…