United States v. Donald Jackson Eskew

This is an appeal from a judgment of conviction for violation of 18 U.S.C. § 2113 (a). We affirm.

After the fourth day of a jury trial, the appellant, who was on bond, failed to appear. The trial court recessed for seven days. When the appellant was still absent, the court held an evidentiary hearing as to whether the trial should continue pursuant to Rule 43 of the Federal Rules of Criminal Procedure. After that hearing, the court determined that the appellant’s absence was voluntary and ordered the trial to proceed. We have not been shown that the absence was involuntary. The procedure followed by the trial court meets the requirements of this court, which most recently were set forth in United States v. Garcia-Turino, 458 F.2d 1345 (9th Cir., April 14, 1972).

Appellant claims further:

1. The trial court did not admonish the jurors not to read or listen to any matters connected with the trial.

2. The appellant was denied effective use of counsel.

3. The trial court erred in refusing to permit appellant’s inspection of two F. B.I. reports.

4. The petit jury selection did not comply with 28 U.S.C. § 1861 et seq.

With reference to the admonition, the trial court periodically…