UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
RICK ALLEN APKER, DEFENDANT-APPELLANT
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The court held that segregated confinement and subsequent conviction for attempted escape do not constitute double jeopardy under the Fifth Amendment.
Apker, an inmate, was convicted of attempted escape. He was subsequently placed in segregated confinement and then sentenced by a federal court for th…
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PER CURIAM.
Apker, an inmate of a Federal Correctional Institution was charged, tried by jury, convicted of Attempted Escape under 18 U.S.C. § 751 and sentenced therefor to 45 days imprisonment, to run consecutively to any other sentences previously imposed.
The evidence before the jury was more than sufficient to support its verdict that Apker was unequivocally activating what may have well been a foolhardy attempt to escape, when he was caught. This court cannot fault that verdict.
That Apker, after being caught, may, thereupon and therefor have been placed in segregated confinement by the institutional officials for 37 days and subsequently convicted and sentenced to confinement by a Federal court for the same acts does not constitute “double jeopardy” under the Fifth Amendment. United States v. Shapiro, 383 F. 2d 680, 683 (7th Cir.1967); Rush v. United States, 290 F. 2d 709, 710 (5th Cir.1961); Mullican v. United States, 252 F. 2d 398, 400, 70 A.L.R.2d 1217 (5th Cir.1958); Patterson v. United States, 183 F. 2d 327, 328 (4th Cir.1950); Pagliaro v. Cox, 143 F. 2d 900, 901 (8th Cir.1944).
Affirmed.
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Cited By
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Sadler v. State, 333 So. 2d 69 (Fla. 1st DCA 1976)
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Hutchison v. United States, 450 F.2d 930 (10th Cir. 1971)
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Derewood Bible v. State OF Ariz., 449 F.2d 111 (9th Cir. 1971)
Authorities Cited
- Mullican v. United States, 252 F.2d 398 (5th Cir. 1958)
- United States v. Shapiro, 383 F.2d 680 (7th Cir. 1967)
- Pagliaro v. COX, 143 F.2d 900 (8th Cir. 1944)
- Rush v. United States, 290 F.2d 709 (5th Cir. 1961)
- Patterson v. United States, 183 F.2d 327 (4th Cir. 1950)