John Patrick George Haslam III v. United States
Opinion
Opinion
Taylor, J.
The appellant has appealed from a judgment of conviction and sentence in the District Court for the willful violation of 18 U.S.C. § 3150 (failure to appear for sentencing). In May, 1969, .the appellant was convicted for the interstate transportation of a stolen motor vehicle in violation of Title 18 U.S.C. § 2312 . On May 27, 1969, he failed to comply with the order of the court to appear for sentencing. He was subsequently arrested in Florida and returned to California, where he was sentenced to the maximum term of imprisonment of five years. Thereafter, the appellant was prosecuted for his willful failure to appear for sentencing. A judgment of conviction was entered upon a verdict of guilty and the appellant was sentenced to serve thirteen months imprisonment, to run consecutively with the sentence imposed on the prior conviction for a violation of Title 18 U.S.C. § 2312 .
The appellant contends that at the time he was sentenced on his first conviction, the District Judge, in imposing the maximum five-year sentence, took into consideration appellant’s failure to appear as ordered for sentencing. The appellant argues that the subsequent prosecution and sentencing for his…