Hiralal

*680 MEMORANDUM **

Rama and Veena Vinodni Hiralal were convicted for submitting false immigration documents to the Immigration and Naturalization Service, and were sentenced to forty-six and thirty-seven months in prison, respectively. Rama requested bail pending appeal, arguing that he had a severe heart condition that required medical treatment. The district court denied Rama’s motion for bail pending appeal, and ultimately set a surrender date for the Hiralals on March 5, 2001.

Because of his allegedly severe heart condition, Rama sought a number of appeals in order to extend the surrender date beyond March 5, 2001. By March 19, 2001, Rama’s final appeal was denied. The Hiralals also sought a direct appeal of their criminal conviction, which was eventually denied on April 13, 2001. Accordingly, Rama and Veena were required to voluntarily surrender to the United States on March 5, 2001. They did not surrender, however, and were apprehended by United States officials on May 10, 2001.

The Hiralals were charged under 18 U.S.C. § 1346 for “knowingly” failing to voluntarily surrender for service of their sentences pursuant to the district court’s order. 18 U.S.C. § 3146 (a)(2). On…