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CRM 1500-1999

1814. Defenses -- Generally

The subsequent dismissal of an indictment charging a defendant with an offense for which he/she had been arrested and imprisoned was no defense to a prosecution for escape. United States v. Cluck, 542 F.2d 728, 732 (8th Cir.), cert. denied, 429 U.S. 986 (1976). See also United States v. Allen, 432 F.2d 939, 940 (10th Cir. 1970).

[cited in JM 9-69.500]