United States v. Charles David Keller

Charles D. Keller appeals his conviction for escape, in violation of 18 U.S.C. §§ 751 (a) and 4082(a). He contends that his failure to report to begin his sentence was not an escape from “custody,” as required by section 751(a). We disagree, and affirm his conviction.

FACTS

Keller was serving a term of probation as a result of his conviction of a misdemeanor tax offense. He violated the terms of his probation, and the district court revoked the probation and imposed a sentence of imprisonment, but gave Keller a little over two weeks to wind up his affairs before reporting to his place of confinement. The district court’s minute entry for July 23, 1987, when probation was revoked, reads as follows:

Keller failed to report to the Center on the appointed date, and was later apprehended. He was indicted for escape, in violation of 18 U.S.C. §§ 751 (a) and 4082(d), and was tried, convicted, and sentenced to three years imprisonment. This appeal followed,

ANALYSIS

Escape from custody

Keller’s primary contention is that he was never in custody, and consequently cannot have escaped from custody within the meaning of section 751(a). That section provides for the punishment of anyone…