United States v. James Libertarian Burns

Burns was indicted for “bail jumping” in violation of 18 U.S.C. § 3150 when he failed to appear for sentencing following conviction under 26 U.S.C. § 7203 (failure to file tax returns). One element of the offense under 18 U.S.C. § 3150 is that the defendant be released “pursuant to the Bail Reform Act of 1966 ( 18 U.S.C. § 3146 ).” United States v. McGill, 604 F.2d 1252, 1254 (9th Cir. 1979). The district court dismissed the indictment on the ground defendant had not been released pursuant to Section 3146. The government appeals.

When Burns was indicted for the tax offense, the district court issued a summons pursuant to Fed.R.Crim.P. 4(a), which stated: “you are hereby summoned to appear ... to answer an Indictment .. .. ” Burns appeared at the required time and was arraigned. The minutes of the court reflect he was present “on summons” and, after arraignment, was “continued on present terms of release.”

Burns appeared for trial on the date fixed. He was convicted. The court instructed him to appear for sentencing, stating:

Burns did not appear for sentencing. The court issued a bench warrant for his arrest. He later surrendered to authorities and was indicted for violation of…