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UNITED STATES v. BURNS

No. 81-1478.

667 F.2d 781 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. James Libertarian BURNS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Rimantas A. Rukstele, Asst. U. S. Atty., Las Vegas, Nev., for the U. S.

Daniel Markoff, Federal Public Defender, Las Vegas, Nev., for defendant-appellee.

Before BROWNING, Chief Judge, FLETCHER, Circuit Judge, and von der HEYDT, District Judge.

PER CURIAM:

Burns was indicted for "bail jumping" in violation of 18 U.S.C. § 3150 when he failed to appear for sentencing following conviction under 26 U.S.C. § 7203 (failure to file tax returns). One element of the offense under 18 U.S.C. § 3150 is that the defendant be released "pursuant to the Bail Reform Act of 1966 (18 U.S.C. § 3146)." United States v. McGill, 604 F.2d 1252, 1254 (9th Cir. 1979). The...

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