United States v. Louis Ray Jones

This appeal presents a single issue: Does a charge of escape under 18 U.S.C. § 751 require proof of intent to avoid confinement? We conclude that it does not and we affirm the judgment of conviction.

After a conviction for bank robbery and commitment to prison, appellant was released to a contract “half-way house” in Seattle and was instructed in its regulations. He was restricted during furloughs to the limits of King County.

A weekend pass for March 4-6, 1977 provided that he return by midnight on March 6 and not be involved in any criminal conduct. He left the county, went by bus to Vancouver, Washington (175 miles from Seattle) to commit a burglary on March 5, was apprehended, gave a false name, and was detained. He did not return on time to the half-way house and was charged with escape.

It is the trial court’s refusal to instruct a jury that intent to avoid confinement was an element of proof which gives rise to this appeal. Title 18 U.S.C. § 4082 (d) provides: The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to an institution or facility designated by the Attorney General, shall be deemed…