Document Type

Article

Publication Date

11-3-1993

Abstract

Defendant-appellant Melvin Lee Davis appeals[1] from a judgment of conviction and sentence entered in the United States District Court for the District of Connecticut (Nevas, J.), after a bench trial, convicting him of one count of knowingly attempting to escape from the custody of an institutional facility in which he was lawfully confined by the Attorney General of the United States, in violation of 18 U.S.C. § 751 (1988), and two counts of knowingly making or using a false writing or document in a matter within the jurisdiction of a department or agency of the United States, in violation of 18 U.S.C. § 1001 (1988). The district court found that: (1) false writings and statements made by Davis were made in relation to matters within the jurisdiction of the United States Marshals Service and the United States Department of Justice, Bureau of Prisons, both of which are agencies or departments of the United States; (2) a violation of 18 U.S.C. § 1001 does not require that a false statement have been submitted to a department or agency of the United States, but only that it be made in a matter within the jurisdiction of such department or agency; and (3) Davis prepared the documents with the objective of either procuring early release or having his security level reduced to one that would enable him to escape from the facility where he was incarcerated. Davis was sentenced to a prison term of forty-one months, to run concurrently with the sentence he was serving at the time of his attempted escape. Davis also was sentenced to a three-year term of supervised release, and was ordered to pay a special assessment of $150. For the reasons that follow, the judgment of conviction is affirmed.

Comments

8 F.3d 923 (1993)

UNITED STATES of America, Appellee-Cross-Appellant,

v.

Melvin Lee DAVIS, Defendant-Appellant-Cross-Appellee.

No. 1236, Docket 92-1708. United States Court of Appeals, Second Circuit.

Argued August 13, 1993.

Decided November 3, 1993.

New York Law School location: File #1740, Box #131

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