United States v. Anthony Burke

Opinion by Judge TASHIMA; Dissent by Judge CALLAHAN.

*1063OPINION

TASHIMA, Circuit Judge:

The government appeals the district court’s dismissal of an indictment charging Anthony Edyle Burke with escape from custody in violation of 18 U.S.C. § 751(a). The district court concluded that Burke was not in “custody” within the meaning of § 751(a) when he left the residential reentry center where he was residing as a condition of his supervised release. We agree and affirm.

I

In 2008, Burke pleaded guilty to a violation of 18 U.S.C. § 922(g)(4) and was sentenced to 37 months in prison, followed by 3 years of…