Ralph Charles Roeth v. United States

HICKEY, Circuit Judge.

Appellant was indicted by a grand jury in Oklahoma for escaping from custody while serving an eight year sentence imposed by a Texas Federal Court. A motion to dismiss the indictment was filed by a court-appointed attorney in the Western District of Oklahoma. The motion was filed pursuant to Fed.R.Crim. P. 48(b) and alleged that the indictment was procured to punish appellant for charging federal officers with unreasonable censorship of mail between client and attorney during a habeas corpus proceeding in the Texas District Court. The trial court denied the motion.

Appella…