UNITED STATES v. ESKEW

No. 71-2150.

460 F.2d 1028 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Jackson ESKEW, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 20, 1972.


Attorney(s) appearing for the Case

Ralph Nunez (argued), Fresno, Cal., for defendant-appellant.

William R. Allen, Asst. U.S. Atty. (argued), Dwayne Keyes, U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before BROWNING and TRASK, Circuit Judges, and FERGUSON, District Judge.


PER CURIAM:

This is an appeal from a judgment of conviction for violation of 18 U.S.C. § 2113(a). We affirm.

After the fourth day of a jury trial, the appellant, who was on bond, failed to appear. The trial court recessed for seven days. When the appellant was still absent, the court held an evidentiary hearing as to whether the trial should continue pursuant to Rule 43 of the Federal Rules of Criminal Procedure. After that hearing, the court determined...

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