United States v. Charles David Keller

CANBY, Circuit Judge:

Charles D. Keller appeals his conviction for escape, in violation of 18 U.S.C. §§ 751(a) and 4082(a). 1 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…