1818. Defenses -- Insanity

A defendant's acquittal by reason of insanity was not a "conviction" within 18 U.S.C. § 751(a); and, therefore, escape from a mental hospital did not constitute an offense punishable thereunder. United States v. Wood, 628 F.2d 554, 560 (D.C. Cir. 1980). See also United States v. Powell, 503 F.2d 195, 196 (D.C. Cir. 1974). Such an escape from civil commitment may be punished, however, under 28 U.S.C. § 1826(c). See this Manual at 1822 through 1826.

[cited in Criminal Resource Manual 1826; JM 9-69.500]