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UNITED STATES v. BARGER

No. 71-2581.

458 F.2d 396 (1972)

UNITED STATES of America, Appellee, v. Ralph Hubert BARGER, Jr., Appellant.

United States Court of Appeals, Ninth Circuit.

April 11, 1972.

Attorney(s) appearing for the Case

Jonathan K. Golden (argued), Burton Marks, of Marks, Sherman & Schwartz, Beverly Hills, Cal., Jack K. Berman, San Francisco, Cal., for appellant.

John G. Milano, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellee.

Before KOELSCH, TRASK and GOODWIN, Circuit Judges.

PER CURIAM:

The principal question in this appeal is this: does the double jeopardy clause of the Fifth Amendment preclude the conviction and sentence of a person for the crime of "bail jumping" [18 U.S.C. § 3150] after bail given pursuant to Rule 46 F.R.Cr.P. is duly forfeited. The answer is clearly "no."

A bail bond in a criminal action is a form of contract between the government on the one part and the accused and his surety on the other. Such bonds...

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