United States v. Ernest Joseph Castaldo

BACKGROUND

Ernest Joseph Castaldo was convicted of willful failure to appear at a hearing after having been released on bail in violation of 18 U.S.C. § 3150 . He was sentenced to 18 months in custody, to run consecutively to a sentence previously imposed. Castaldo appeals.

FACTS

On February 26, 1979 Castaldo was convicted of a drug charge, in violation of 21 U.S.C. § 841 (a)(1). He was sentenced to a term of eight years incarceration plus a special parole term of 10 years.

On February 27, 1979 Castaldo posted two corporate surety bonds in the amount of $250,000.00. He was released from custody pending appeal. One of the conditions of the bond required Castaldo to appear before the district court upon order of the court at any time during the pendency of the appeal.

On April 30, 1979 at 2:00 p.m. a hearing was convened to revoke Castaldo’s bond. At the scheduled time of the hearing Castaldo appeared accompanied by four lawyers, including his trial counsel. At the commencement of the hearing Castaldo requested a continuance to substitute new counsel. The court denied the request. The remainder of the hearing was continued until 3:25 p. m. at the end of the court calendar. By…