Appeals Court Says Leaving Home During House Arrest Can Be Escape

By: Nick Viviani
By: Nick Viviani

WICHITA, Kan. (AP) -- A federal appeals court has ruled that a Kansas man was legally in custody while under house confinement and can be prosecuted for escape for leaving his home.

The 10th U.S. Circuit Court of Appeals on Friday reversed a lower court's dismissal of the indictment charging Michael Ko with escape for failing to return his Leavenworth home.

Ko received a five-year sentence for a 2009 conviction of conspiracy to distribute methamphetamine. He served most of his sentence in prison. With about four months left on it, the Bureau of Prisons transferred Ko to confinement at his home in Leavenworth.

He agreed to stay home except for employment. Ko was arrested seven days after his electronic monitoring bracelet alerted authorities in October 2012 that he was not home.

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