United States v. Smithers

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We reverse Dillard Jack Smithers’ convictions for assisting and conspiring in his brother’s escape and remand for a new trial. We grapple with the concept that at some point an escape is complete and assisting the fleeing felon may constitute the crime of harboring a fugitive but not assisting the escape.

I

Jimmy Smithers escaped from the Federal Correctional Institution in Seagoville, Texas. Despite the reality that for federal prisoners escape often may be little more than turning off the television and walking away, the crime remains that of escape. In…