Bergeson

Facts.

Assistant Federal Public Defender Nancy Bergeson finds herself in the odd position of appellee in this case. Her client, Michael Casey, an intervenor-appellee in this case, was indicted on drug charges involving the distribution of Ecstasy. The government subpoenaed Ms. Bergeson to testify against her client before a grand jury, and she successfully moved to quash the subpoena in the district court. The government appeals, and we affirm.

The dispute over the subpoena came about because Ms. Bergeson’s client jumped bail.1 The trial was originally sched- 1 Failure to appear is prohibited under 18 U.S.C. § 3146: (a) Offense — Whoever, having been released under this chap- UNITED STATES v. BERGESON 14079 uled for September 30, 2003 but was reset for October 21, 2003 on a motion to continue brought by Ms. Bergeson. Casey was not present in the courtroom for the hearing on the motion to continue the trial and failed to appear for it on the appointed day. To prove that he had knowledge of the trial date — an element of bail jumping — the government sub- poenaed Ms. Bergeson in the hope that she would testify to the grand jury that she told Casey of the trial…