Legal Opinion

United States v. Foster

Court of Appeals for the Tenth Circuit

Decided June 18, 2014No. 13-1474PublishedCited by 2 opinions

1Opinion of the Court

BRISCOE, Chief Judge.

The sole issue in this case is whether Cheston Jerome Foster escaped from custody when he left a residential reentry center where he was ordered to reside as a condition of his supervised release. Foster was subsequently charged with one count of escape from custody, in violation of 18 U.S.C. § 751(a). The district court dismissed the indictment after concluding that Foster was not in custody. The government appeals. We exercise jurisdiction under 18 U.S.C. § 3731 and reverse and remand.

I. BACKGROUND

In 2012, Foster was arrested for violating the terms of his supervised…

2Cases cited13 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Parker v. LevySupreme Court of the United States · 1974
  4. Barber v. ThomasSupreme Court of the United States · 2010
  5. United States v. HunterCourt of Appeals for the Tenth Circuit · 2011

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3Cited by2 opinions

  1. United States v. Jamie GoadCourt of Appeals for the Eighth Circuit · 2015
  2. United States v. Kevin SmallCourt of Appeals for the Third Circuit · 2015

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