## Facts

- Brown received three federal prison sentences ordered to run consecutively: one year, then two years, then two years.
- While being transported to begin serving the first sentence, Brown attempted to escape from custody.
- Brown pleaded guilty to attempted escape under the Federal Escape Act, formerly 18 U.S.C.A. § 753h.
- The district court imposed an additional five-year sentence for the escape offense, to begin “at the expiration of any sentence he is now serving or to be served which was imposed prior to this date.”
- Brown later sought to vacate or correct the escape sentence, arguing the statute allowed the escape sentence to begin only after the one-year term he was “held” under at the moment of the attempt, not after the full set of prior consecutive sentences.
- The district court denied relief, and Brown appealed.

## Issues

1. Whether, under the Federal Escape Act, “any sentence under which such person is held” at the time of an escape attempt refers only to the specific sentence then in active service or to the aggregate of previously imposed consecutive sentences.
2. Whether the sentencing court could lawfully order the escape sentence to commence after completion of all prior consecutive sentences.

## Decision

- The Eighth Circuit affirmed the order denying Brown’s motion to correct or vacate the sentence.
- The court held that Brown was “held” under the combined prior consecutive sentences for purposes of the Federal Escape Act.
- The five-year escape sentence was validly structured to begin after the expiration of the entire group of prior consecutive sentences, not merely after the first one-year term.

## Legal Principles

- Under the Federal Escape Act, an escape (or attempted escape) sentence must commence upon expiration of, or legal release from, the sentence under which the defendant is held at the time of the escape attempt.
- When multiple consecutive sentences have been imposed and remain undischarged, the defendant may be treated as held under the aggregate of those consecutive sentences.
- A sentencing court may order an escape sentence to run consecutive to the full aggregate of prior consecutive sentences so the escape punishment is additional rather than overlapping.

## Conclusion

The court upheld an escape sentence set to begin after completion of all previously imposed consecutive sentences, interpreting the Federal Escape Act to treat a prisoner as held under the aggregate commitment created by those sentences.


Brown v. United States, 160 F.2d 310 (8th Cir. 1947)