United States v. Joseph Patrick Tapio, Jr.

Joseph Patrick Tapio appeals his conviction of escape in violation of 18 U.S.C. §§ 751(a) and 4082(d). His appeal focuses on whether the evidence was sufficient to support a finding by the jury that Tapio had specific intent to escape. We hold that the evidence was sufficient, and affirm the conviction.

Tapio, who had been committed to the custody of the Attorney General upon conviction of a felony, was confined in the Halfway House in Watertown, South Dakota. On March 8, 1980, Tapio left the Halfway House on a one-day pass to visit his wife, 1 and stayed with her at the Cheyenne River Indian…