United States v. Curtis Ray Michelson

Curtis Ray Michelson appeals from a jury conviction for violation of Title 18, Section 751(a), escape from federal custody. Michelson began serving a twenty-two year sentence for armed bank robbery at the United States Penitentiary at McNeil Island on February 21,1966 and was last seen at McNeil Island on January 15, 1973. Nearly two years later, on November 22, 1974, an FBI Agent arrested Michelson in Newport Beach, California, for escape from federal custody.

Defendant challenges his conviction on the ground that the Court erred in refusing to grant a requested jury instruction on duress or necessity, and refusing to remove his attorney and grant a continuance. As neither contention is meritorious, we affirm.

INTRODUCTION

Michelson sought a jury instruction from the Court that a defense of duress or necessity to the crime of escape was proved if the jury found that defendant had escaped to save his own life. The request for this jury instruction was based upon People v. Lovercamp, 43 Cal.App.3d 823 , 118 Cal.Rptr. 110 (1974). In Lovercamp , the California Court of Appeal held that a non-violent escape induced by the threat of a homosexual attack by other inmates may be…