Robert Malvais Brady v. United States

This is a direct appeal from the District of New Mexico where appellant, charged with escape in violation of 18 U.S.C. § 751(a), was convicted by a jury.

In 1959 appellant pled guilty to a kidnapping charge and was sentenced to a long term of imprisonment. In a prior 28 U.S.C. § 2255 proceeding, this court affirmed the holding that the plea of appellant was voluntary, Brady v. United States, 404 F.2d 601 (10th Cir.), and the Supreme Court affirmed, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747.

In August 1969 appellant Brady was taken to Albuquerque, New Mexico, under a writ of habeas corpus…