A person is still in the custody of a facility or place to which he/she is confined even if only receiving treatment on an outpatient basis. See S.Rep. No. 98-225, supra at 331. In addition, as with the scienter elements, Congress intends that the cases under 18 U.S.C. § 751 which hold that custody may be minimal, or even merely constructive, apply also to 28 U.S.C. § 1826(c). See this Manual at 1808.
[cited in JM 9-69.600]