United States v. Frank Troy Stiles

CUMMINGS, Circuit Judge.

A jury convicted Frank Troy Stiles of escape from the Attorney General’s custody in violation of 18 U.S.C. § 751(a). The trial judge sentenced Stiles to thirty months’ imprisonment to run consecutive to the federal sentence he was serving at the time of escape. Stiles’ sentence also entails an additional one-year period of community release which includes three months in a community treatment center.

On appeal, Stiles argues that his conviction should be overturned because there was a fatal variance between the criminal conduct alleged in the indictment and the criminal…