United States v. John Paul Wilson

The defendant, John Wilson, appeals his conviction of bail-jumping ( 18 U.S.C. § 3150 ) following a bench trial. He contends that the evidence introduced at his trial was insufficient to prove the necessary element of willfulness. We agree and reverse.

On March 23, 1979, the defendant pled guilty to a charge of counterfeiting ( 18 U.S.C. § 491 (a)). After accepting the plea, the district court ordered Wilson, who was free on bond, to appear for sentencing on April 30, 1979. He failed to appear and an indictment was returned for the alleged bail—jumping.

At the defendant’s trial, the Government introduced four exhibits as its entire evidence. The first was a certified copy of the order releasing the defendant on bail. The second was a certified copy of the minutes of the court of March 23, 1979, at which time the defendant was directed to appear for sentencing on April 30, 1979. The third was a certified copy of the minutes of the court which stated that the defendant did not appear in court on April 30, 1979. The fourth exhibit was a stipulation which established the identity of the witness. In addition, the Government asked the court to take judicial notice of the fact that the…