In U.S. v. Gowdy, No. 09-15999 (Dec. 27, 2010), the Court held that, even though the defendant was never in federal prison, but only subject to a federal detainer after his federal conviction and sentencing, he could still be guilty of “escape from custody” under 18 U.S.C. § 751(a).
Gowdy was mistakenly released from State custody, at a time he was subject to a federal detainer to serve a federal sentence. Gowdy contended that his failure to turn himself in did not constitute “escape.”
The Court noted the “broad scope” of § 751(a), which reaches non-violent walkaways and failure to report for incarceration, or to return to custody. Here, Gowdy was in “constructive” federal custody by virture of a process issued under the laws of the United States by a federal district court. It did not matter that he was not “physically confined in an institution at the time of escape.”
