Leroy Francis Nace, Jr. v. United States

The appeal is from the denial of appellant’s motion under 28 U.S.C.A. § 2255 to vacate a sentence against him for escape, 18 U.S.C. § 751.

Appellant, while in the custody of the Attorney General on a Dyer Act sentence, 18 U.S.C. § 2312, was sent to the Federal Pre-Release Guidance Center at Los Angeles, California, where he was permitted to go on a job with a private employer, as part of the Guidance Center program. He was under direction and obligation to return to the Guidance Center, but he failed to do so and instead absconded. He was prosecuted and sentenced for escape under 18 U.S.C. §…