United States v. George Lee Washington A/K/A Ollie Lee Edwards

This appeal presents a single question: does the imposition of a five-year prison term for appellant’s failure to appear for sentencing constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the United States Constitution? We conclude that it does not, and accordingly affirm the judgment of the district court.

The facts are not disputed and may be briefly stated. In July of 1975 appellant Washington was charged in a one-count indictment with mail theft, aiding and abetting — a felony — in violation of 18 U.S.C. §§ 1708 and 2. This charge carries a maximum penalty of five years’ imprisonment or a fine of $2000 or both. Appellant pleaded not guilty and was released on his own recognizance. His execution of Bail Reform Act Form No. 2 at this time committed him to make all court appearances as directed, to maintain weekly contact with his attorney, and to advise his attorney in writing of any change of address.

On November 25, 1975, as a result of negotiations between the Government and appellant, and pursuant to a written plea agreement, appellant was permitted to plead guilty to a one-count misdemeanor information charging him with obstruction of the mail,…