United States v. Thomas Whatley Bodiford

ALVIN B. RUBIN, Circuit Judge:

A defendant failed to appear for trial on criminal charges although he had notice of the trial date. He was convicted of willful failure to appear for trial in violation of 18 U.S.C. § 3150. Because that statute applies only to persons who have been released on bond or personal recognizance in a release proceeding, and the defendant had never appeared in such a proceeding or been released pursuant to one, we reverse the conviction.

Thomas Whatley Bodiford was charged on four counts with knowing failure to file income tax returns in violation of 26 U.S.C. § 7203.…