United States v. Cora Marie Artus

Cora Marie Artus appeals her conviction of escape, in violation of 18 U.S.C. § 751 . On appeal she contends that her conviction by jury verdict was the result of prejudicial prosecutorial and judicial misconduct. The contention has merit and, accordingly, we reverse.

In March of 1977, Artus was released to a halfway house, a contract facility of the Federal Bureau of Prisons, in Santa Barbara, California. On October 8, 1977, a facility counselor formally cited her for two rule violations. She was scheduled to appear for a disciplinary hearing on these violations on October 12, 1977, but was found to be missing from the halfway house on the morning of the hearing. At trial, the Defendant based her defense upon the theory of entrapment, arguing that the administrators conspired to get rid of her and return her to the prison by citing her with minor technical violations, thus causing her to leave, although she did not have the intent to escape or remain free from custody.

The record shows that the government did not introduce evidence to the effect that the Director of the Federal Bureau of Prisons had the authority either to effect or to delegate inter-facility transfers, without…