Russ v. Perrill

McKAY, Chief Judge.

The parties have agreed that this case may be submitted for decision on the briefs. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.2. The case is therefore ordered submitted without oral argument.

Petitioner was sentenced to six years imprisonment in 1975 for various drug offenses under the Youth Corrections Act, the former 18 U.S.C. § 5010(b). In 1976, he escaped from federal custody and was a fugitive for twelve years. He was re-arrested in August 1988 and returned to federal prison. He was paroled in October 1989.

For the next two and one-half years, Petitioner lead a fairly…