Randall C. Weaver v. United States

Randall Weaver appeals his conviction of failure to appear for his trial in violation of 18 U.S.C. § 3146 . We affirm.

I

On January 18, 1991, Weaver was arraigned on charges of violating federal firearms laws. He was informed, orally and in writing, that his trial was set for February 19, and was released on bail. Some days after Weaver’s release, the court clerk informed counsel for the government, Weaver’s attorney, and Weaver’s pre-trial serviees/probation officer (Karl Richins) that the trial date had been changed to February 20. Richins sent Weaver a letter on February 7, in an attempt to notify him of this change. Unfortunately, the letter incorrectly stated that the trial date had been changed to March 20. Evidence, the admissibility of which is disputed in this appeal, indicated, however, that Weaver’s attorney sent a letter to Weaver on February 8, informing him of the correct trial date.

Weaver failed to appear on February 20, and a bench warrant was issued for his arrest. Sometime later, Weaver was located at his house. Law enforcement authorities surrounded the house, demanding that he surrender. Following a ten-day standoff, during which Weaver’s wife, Weaver’s…