United States v. Joseph Jackson McGill

Joseph Jackson McGill appeals a judgment, after a jury trial, convicting him of bail jumping. In 1975 he was indicted by a federal grand jury for violating the Controlled Substance Act, 21 U.S.C. §§ 841 (a)(1), 846. He was arrested, arraigned before a magistrate, and released on bond. McGill’s trial was conducted under a superseding indictment charging statutory violations similar to those originally charged. The court ordered him to appear for sentencing. He did not appear. The court declared his bond forfeited, and issued warrants for his arrest. Three years later, McGill was arrested in Mississippi, using another name.

, McGill contends that the trial court erred in several particulars. His primary argu-' ment is that the court erred in taking from the jury an essential element of the crime. He also challenges certain instructions to the jury.. Finally, he asserts that the trial court improperly commented on the evidence. We find no reversible error.

The five elements of the offense of bail jumping under 18 U.S.C. § 3150 are that the defendant (1) was released pursuant to the Bail Reform Act of 1966 ( 18 U.S.C. § 3146 ); (2) was required to appear in court; (3) was aware of…