United States v. West, 72-2428.
Decision Date | 07 May 1973 |
Docket Number | No. 72-2428.,72-2428. |
Citation | 477 F.2d 1056 |
Parties | UNITED STATES of America, Appellee, v. Tommy Ray WEST, Appellant. |
Court | U.S. Court of Appeals — Fourth Circuit |
William L. Cofer, Winston-Salem, N. C. (Court-appointed counsel), on brief for appellant.
William L. Osteen, U. S. Atty., and Bradley J. Cameron, Asst. U. S. Atty., on brief for appellee.
Before SOBELOFF and BOREMAN, Senior Circuit Judges, and WINTER, Circuit Judge.
On May 4, 1972, Tommy Ray West was convicted of possessing and concealing counterfeit Federal Reserve notes and was sentenced to imprisonment for 24 months. Upon motion of his counsel, the District Court extended West's existing appearance bond until May 15, 1972, at which time he was directed to report to the United States Marshal to commence serving his sentence. West did not appear as ordered on May 15. Subsequently, he was convicted of bail jumping in violation of 18 U.S.C. § 3150 and received a 24-month sentence which was to be served concurrently with the sentence imposed on May 4.
West now contends that his failure to report to the United States Marshal as ordered is not an offense punishable under 18 U.S.C. § 3150, since the United States Marshal is neither a court nor a judicial officer.
Section 3150 provides in pertinent part:
Whoever, having been released pursuant to this chapter, willfully fails to appear before any court or judicial officer as required, * * * shall, (1) if he was released in connection with a charge of felony * * * be fined not more than $5,000 or imprisoned not more than five years, or both * * *. (Emphasis supplied.)
The term "judicial officer" is then defined by 18 U.S.C. § 3152(1) as "any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial or sentencing or pending appeal in a court of the United States"; and section 30411 does not mention the office of United States Marshal.
We have also examined the applicable rules of the Federal Rules of Criminal Procedure, Rule 46, and find no express or implied mention of a Marshal in connection with the authority to bail or otherwise release a person before trial or sentencing or pending appeal. In view of this restrictive definition of "judicial officer," we agree with defendant that a United States Marshal is not a judicial officer under 18 U.S.C. § 3150.2
Notwithstanding the fact that a United States Marshal is not to be equated with a judicial officer under § 3150, we affirm West's conviction. The essence of the crime of bail jumping is willful failure to appear before "any court or judicial officer as required." As a condition of defendant's bond, the court ordered him to report to the United States Marshal at a specific time to begin serving his sentence....
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