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Ninth Circuit: Residential Reentry Center Walkaway is Not Escape
Loaded on Dec. 15, 2013
published in Prison Legal News
December, 2013, page 47
The Ninth Circuit Court of Appeals has held that walking away from a residential reentry center does not constitute escape under 18 U.S.C. § 751(a).In 2008, Anthony E. Burke was convicted of federal offenses in Washington State and sentenced to 37 months in prison and 36 months of supervised …
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More from this issue:
- FCC Order Heralds Hope for Reform of Prison Phone Industry, by John Dannenberg
- Consolidated Footnotes – Charts A to D
- Prison Phone Companies Fight for Lucrative Florida DOC Contract, by David Ganim
- From the Editor, by Paul Wright
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
- BOP Compromises on Plan to Transfer Prisoners from FCI Danbury, by Derek Gilna
- Telemedicine Behind Bars
- Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate
- Under Fire, the Federal Bureau of Prisons Audits its Use of Solitary Confinement - and Buys a New Supermax Prison, by James Ridgeway
- The Invisible Crisis of Correctional Health Care, by Cara Tabachnick
- BOP Settles Lawsuits Related to Food Poisoning at Pennsylvania Prison, by Derek Gilna
- Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied
- California Supreme Court Addresses CDCR Gang Associate Validation
- Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case
- Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim
- Eighth Circuit Initially Allows Non-Delegation Challenge to SORNA, then Reverses Course, by Derek Gilna
- No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring
- Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault
- Ninth Circuit: Residential Reentry Center Walkaway is Not Escape
- Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement
- Kansas Supreme Court Vacates Attorney Fee Reimbursement Order
- Possession of Cell Phone Doesn’t Violate Nevada Escape Device Statute
- Iowa Voting Rights Restoration Process Becomes Slightly Less Onerous
- Massachusetts Warden Removed After Eight Months on the Job
- Elder Abuse in Prisons: The Call for Elder Justice and Human Rights Protections Behind Bars, by Tina Maschi
- New York City’s Revised Indigent Defense Services Plan Upheld
- British Court Blocks Sex Offender’s Extradition to U.S. Due to “Draconian” Civil Commitment Policies
- News in Brief
More from these topics:
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Bold New Orleans Escape Calls Attention to Poor Jail Conditions, July 15, 2025. Escapes, Conditions of Confinement, Toilets, Security Systems.
- Arkansas Ex-Police Chief Known as “Devil in the Ozarks” Re-Captured After Prison Escape, July 15, 2025. Police Misconduct, Jail Misconduct, Escapes.
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), May 15, 2025. U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures.
- Four Escapes in Eight Months from Oklahoma Jail, March 1, 2025. Escapes.
- Two Mississippi Prisoners Escape in One Month, Feb. 15, 2025. Escapes.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a), Dec. 15, 2024. Escapes, Release and Reentry, Constructive/Imputed/Presumed knowledge.
- Two Who Escaped from Arkansas Jail Recaptured, July 1, 2024. Escapes.
- $700,000 Jury Verdict for Wisconsin Prisoner Denied Due Process in Disciplinary Hearing, June 1, 2024. Work Release, Hearing Officers, False Charges (Disciplinary Hearings), Escapes, Damages.