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UNITED STATES v. BODIFORD

No. 84-1733 Summary Calendar.

753 F.2d 380 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Whatley BODIFORD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 5, 1985.

Attorney(s) appearing for the Case

Kenneth M. Stillman (court-appointed), Dallas, Tex., for defendant-appellant.

James A. Rolfe, U.S. Atty., Fort Worth, Tex., James T. Jacks, Dallas, Tex., for plaintiff-appellee.

Before RUBIN, RANDALL, and TATE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A defendant failed to appear for trial on criminal charges although he had notice of the trial date. He was convicted of willful failure to appear for trial in violation of 18 U.S.C. § 3150. Because that statute applies only to persons who have been released on bond or personal recognizance in a release proceeding, and the defendant had never appeared in such a proceeding or been released pursuant to one, we reverse the conviction...

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