United States v. Bennett Lyons

This is an appeal , from an order of the district court denying appellant’s motion to correct a sentence imposed upon him by reason of conviction under the provisions of 18 U.S.C. § 751 , escape from the custody of The Attorney General after being lawfully convicted of the crime of manslaughter.

FACTS

Appellant, then a 19-year old male, was convicted of the crime of involuntary manslaughter on October 21, 1974. He was sentenced by the district court, pursuant to the provisions of 18 U.S.C. § 5010 (b) and § 5017(c) of the Federal Youth Corrections Act [YCA], with the recommendation that he be released on probation prior to the expiration of three years.

While in federal custody under the first sentence, appellant failed to return to a federal prison camp from a furlough which expired on September 14, 1977. He remained at large until he was apprehended in April, 1978. Later he was indicted under the provisions of 18 U.S.C. § 751 for escape from federal custody.

Appellant, then 23 years old, entered a plea of guilty to the escape charge and on June 22, 1978, was sentenced as an adult to the custody of The Attorney General for imprisonment for a term of two years, the term to run…