Sam Blassingame v. United States

Blassingame, who was convicted in the District Court for the Western Dis trict of Washington, Northern Division, on two counts of a four-count indictment charging violation of the federal narcotics laws and sentenced to a total of ten years imprisonment, moves this court for admission to bail pending appeal.

The applicable provision of the Federal Rules of Criminal Procedure is Rule 46(a) (2) which was amended in July, 1956, 18 U.S.C.A. to read in pertinent part as follows:

It is not necessary under the amended rule as it was under the prior rule that the appeal involve “a substantial question” in order to entitle the appellant to bail. Ward v. United States, 1956, 76 S.Ct. 1063 , 1065, 1 L.Ed.2d 25 . We are satisfied from the affidavit of appellant’s counsel that the appeal is not frivolous and was not taken for delay.

It appears, however, that the district judge denied bail on quite another-ground. The district judge had before him a confidential probation report which revealed, according to the judge’s remarks at the hearing on appellant’s motion for bail, that appellant is a highly unstable individual who has no family in the Seattle area, no visible means of support and no…