United States v. Felix

Judge JAMES,

with whom Senior Judge LEONARD and Judge JOHNSON join (concurring in part and dissenting in part):

We dissent from the majority’s disposition of the conviction for escape from correctional custody.11

*914The Court divides on the requirement for “physical restraint” to sustain a conviction for escape from correctional custody. The majority’s lexicographical highjinks assume away an element of proof. The majority is willing to infer the presence of physical restraint simply from the status of custody. Its theory for its disposition avoids any analysis of the extent to which there were…