Robert Ogg v. Frank X. Klein, United States Marshal, Northern District of California

I. Nature of Appeal

This case presents an appeal from an order of the United States District Court for the Northern District of California (Hon. Spencer Williams, J.) denying petitioner-appellant Ogg’s petition for a writ of habeas corpus. The case involves an apparent question of first impression within the Ninth Circuit.

II. Facts

On June 7, 1971, Ogg was convicted of importing hashish in the United States District Court for the Southern District of New York. The Court sentenced Ogg as a youth offender under provisions of the Youth Corrections Act, 18 U.S.C. § 5010 (b). Ogg was then sent to the Robert F. Kennedy Youth Facility in Morgantown, West Virginia to serve his sentence. On August 21, 1971, however, Ogg walked away from the facility without permission. The government filed an escape charge, 18 U.S.C. § 751 (a), in the Northern District of West Virginia and a warrant was issued on that charge.

Ogg remained on escape status for nearly five years. On June 17,1976, after consulting with counsel, he surrendered himself in the United States District Court for the Northern District of California. At that time, United States Magistrate Richard Goldsmith released Ogg on his…