C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 6—TRAFFIC IN CONTRABAND ARTICLES IN FEDERAL PENAL AND CORRECTIONAL INSTITUTIONS

28 C.F.R. § 6.1

Consent of warden or superintendent required

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The introduction or attempt to introduce into or upon the grounds of any Federal penal or correctional institution or the taking or attempt to take or send therefrom anything whatsoever without the knowledge and consent of the warden or superintendent of such Federal penal or correctional institution is prohibited.

Cross Reference:

For Organization Statement, Bureau of Prisons, see subpart Q of part 0 of this chapter.

[13 FR 5660, Sept. 30, 1948]
Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1967–2021 · leading case: United States v. Moore, 525 F.3d 1033 (11th Cir. 2008).
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United States v. Moore, 525 F.3d 1033 (11th Cir. 2008). · cites it 3× “The District Court derived its definition of contraband from 28 C.F.R. § 6.1 , which maintains: The introduction or attempt to introduce into or upon the grounds of any Federal penal or correctional institution or the taking or attempt to take or send therefrom anything…”
United States v. Philip Berrigan, in No. 72-1938, & Elizabeth McAlister Appeal of Elizabeth McAlister In, 482 F.2d 171 (3rd Cir. 1973). · cites it 4× “§ 1791 , 1 as augmented by 28 C.F.R. § 6.1 , 2 for sending seven letters into and out of Lewisburg Federal Penitentiary “without the knowledge and consent of the warden.”
United States v. Kathy Koopmans, United States of Am. v. Douglas Henry, 757 F.2d 901 (7th Cir. 1985). · cites it 6× “§ 1791 and 28 C.F.R. § 6.1 , we are asked to decide whether the Attorney General unlawfully delegated his authority in adopting 28 C.”
United States v. Everett, George, 700 F.2d 900 (3rd Cir. 1983). · cites it 2× “§ 1791 (1976); 28 C.F.R. § 6.1 (1981). 6 The prisoner appealed his convictions for the passing of all letters but the first, arguing that the government had failed to prove all elements of the crime charged.”
United States v. Kenneth Gregory Lisa Lockhart, 315 F.3d 637 (6th Cir. 2003). “As a result, 28 C.F.R. Section 6.1 does apply. 22 Lockhart secondly asserts she was improperly sentenced under the federal Sentencing Guidelines.”
United States v. Jerry E. Campbell, 652 F.2d 760 (8th Cir. 1981). · cites it 2× “§ 1791 (1976) and 28 C.F.R. § 6.1 . The single issue before us is whether the district court erred in declining to give a lesser included offense instruction on simple possession of marijuana, 21 U.”
United States v. Loretta Mae Park, 521 F.2d 1381 (9th Cir. 1975). · cites it 3× “) The enabling regulation 28 C.F.R. § 6.1 , promulgated thereunder reads: “PART 6 — TRAFFIC IN CONTRABAND ARTICLES IN FEDERAL PENAL AND CORRECTIONAL INSTITUTIONS “6.”
United States v. Kai-Lo Hsu, A/K/A James Hsu. United States of Am. v. Chester S. Ho. United States of Am., 155 F.3d 189 (3rd Cir. 1998). “However, the warden had learned of the defendant’s first correspondence, and, working with the police, he allowed the courier to carry all subsequent letters with his knowledge and consent.”
United States v. Edmund Rosner, 485 F.2d 1213 (2d Cir. 1973). “§ 1791 and 28 C.F.R. § 6.1 by attempting to take something out of a federal penal institution “without the knowledge and consent of the warden” was reversed.”
United States v. Grove, 150 F. Supp. 2d 1270 (M.D. Ala. 2001). · cites it 3× “See 28 C.F.R. § 6.1 (“The introduction or attempt to introduce into or upon the grounds of any Federal penal or correctional institution or the taking or attempt to take or send therefrom anything whatsoever without the knowledge and consent of the warden or superintendent of…”
United States v. Jiminez, 454 F. Supp. 610 (M.D. Tenn. 1978). · cites it 2× “§ 1791 1 and 28 C.F.R. § 6.1 ; 2 and the third count charged them with knowingly and intentionally possessing marijuana in violation of 21 U.”
Fulwood v. Alexander, 267 F. Supp. 92 (M.D. Penn. 1967). · cites it 3× “” The applicable regulation, 28 C.F.R. § 6.1 provides: “The introduction or attempt to introduce into or upon the grounds of any Federal penal or correctional institution or the taking or attempt to take or send therefrom anything whatsoever without the knowledge and consent of…”
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