United States v. Daniel Irwin Cohen

GEWIN, Circuit Judge:

Daniel Irwin Cohen was found guilty by a jury of violating 18 U.S.C. § 3150 by willfully failing to appear for arraignment on an indictment. On appeal Cohen challenges the sufficiency of the indictment, the evidence and the court’s instructions to the jury. In view of the facts disclosed by the record it is our conclusion that error was committed in the court’s instructions which require that this conviction for bail jumping be reversed and the case remanded for a new trial.

The evidence at trial indicates little dispute over the facts. Cohen was arrested on October 17,…