Randall C. Weaver v. United States, 37 F.3d 1411 (9th Cir. 1994). · Go Syfert
Randall C. Weaver v. United States, 37 F.3d 1411 (9th Cir. 1994). Cases Citing This Book View Copy Cite
29 citation events (16 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Locklin (ca9, 2008-06-25)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Locklin
9th Cir. · 2008 · confidence medium
As Locklin concedes, the government proved the elements of failure to appear as we described them in Weaver v. United States: To establish a violation of 18 U.S.C. § 3146 , the government ordinarily must prove that the defendant (1) was released pursuant to [Title 18, Chapter 207 of the U.S.Code], (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear *911 as required, and (5) was willful in his failure to appear. 37 F.3d 1411, 1412-13 (9th Cir.1994) (citing United States v. McGill, 604 F.2d 1252, 1254 (9th Cir.1979)); see also United States v. Fish…
discussed Cited as authority (rule) United States v. Locklin
9th Cir. · 2008 · confidence medium
As Locklin concedes, the government proved the elements of failure to appear as we described them in Weaver v. United States: To establish a violation of 18 U.S.C. § 3146 , the government ordinarily must prove that the defendant (1) was released pursuant to [Title 18, Chapter 207 of the U.S. Code], (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to appear. 37 F.3d 1411, 1412-13 (9th Cir. 1994) (citing United States v. McGill, 604 F.2d 1252, 1254 (9th Cir. 1979)); see also United States v. Fisher…
discussed Cited as authority (rule) United States v. Kinsella
D. Me. · 2008 · confidence medium
Courts have construed the requirement as meaning “that appellant was released under the statute, that he was required to appear in court, that he knew he was required to appear, that he failed to appear, and that his failure was willful.” United States v. Stewart, 104 F.3d 1377, 1380 (D.C.Cir.1997) (citing Weaver v. United States, 37 F.3d 1411, 1412-13 (9th Cir.1994)).
discussed Cited as authority (rule) United States v. Kinsella
D. Me. · 2008 · confidence medium
Courts have construed the requirement as meaning "that appellant was released under the statute, that he was required to appear in court, that he knew he was required to appear, that he failed to appear, and that his failure was willful." United States v. Stewart, 104 F.3d 1377, 1380 (D.C.Cir. 1997) (citing Weaver v. United States, 37 F.3d 1411, 1412-13 (9th Cir.1994)).
discussed Cited as authority (rule) State of Idaho v. Lon T. Horiuchi (2×)
9th Cir. · 2001 · confidence medium
Weaver v. United States, 37 F.3d 1411, 1412 (9th Cir.1994).
examined Cited as authority (rule) 98 Cal. Daily Op. Serv. 1611, 98 Daily Journal D.A.R. 2261 United States of America v. John Raymond Fisher, United States of America v. John Raymond Fisher (3×) also: Cited "see"
9th Cir. · 1998 · confidence medium
To prove Fisher guilty of violating § 3146, the government was required to prove beyond a reasonable doubt that Fisher "(1) was released pursuant to that statute, (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to appear." Weaver v. United States, 37 F.3d 1411, 1413 (9th Cir.1994).
examined Cited as authority (rule) United States v. Fisher (3×) also: Cited "see"
9th Cir. · 1998 · confidence medium
To prove Fisher guilty of violating § 3146, the government was required to prove beyond a reasonable doubt that Fisher “(1) was released pursuant to that statute, (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to appear.” Weaver v. United States, 37 F.3d 1411, 1413 (9th Cir.1994).
discussed Cited as authority (rule) United States v. Gary Stewart (2×) also: Cited "see"
D.C. Cir. · 1997 · confidence medium
Weaver v. United States, 37 F.3d 1411, 1412-13 (9th Cir.1994). 4 The statute provides for “release and detention authority generally” under § 3141, 5 and specifically for “release or detention of a defendant pending trial” under § 3142. 6 Both sec- *1386 üons refer to the “judicial officer” authorized to order pretrial release, which § 3156(a)(1) defines, for purposes of § 3141 through § 3150, as including all persons authorized under § 3041 7 and “any judge of the Superior Court of the District of Columbia.” 8 Id.
examined Cited "see" United States v. Cesar Caballero (4×) also: Cited "see, e.g."
9th Cir. · 2017 · signal: see · confidence high
See United States v. Weaver, 37 F.3d 1411 , 1412–13 (9th Cir. 1994).
discussed Cited "see" Hutchison v. State
Alaska Ct. App. · 2001 · signal: see · confidence high
See Weaver v. United States, 37 F.3d 1411, 1413 (9th Cir.1994) (failure to appear is established if the government proves that the defendant has engaged "in a course of conduct designed to avoid notice of [the scheduled court] date"); United States v. Martinez, 890 F.2d 1088 , 1093 (10th Cir.1989); United States v. Yates, 698 F.2d 828, 830 (6th Cir.1983); United States v. Bright, 541 F.2d 471, 476-77 (5th Cir 1976); United States v. Cohen, 450 F.2d 1019, 1022 (5th Cir.1971) (a defendant can be convicted of failure to appear if the government proves that the defendant "acted ... intentionally t…
discussed Cited "see" United States v. Raul Amezcua
9th Cir. · 1997 · signal: see · confidence high
See Weaver v. United States, 37 F.3d 1411 , 1413 n. 2 (9th Cir.1994) (noting conflict in circuit over use of the two standards) 2 We note that contrary to the assertions in its brief, the government did refer to Betancourt's hearsay statements in its closing argument.
cited Cited "see" United States v. Johnaton Sampson George
9th Cir. · 1995 · signal: see · confidence high
See Weaver v. United States, 37 F.3d 1411, 1413 (9th Cir.1994).
discussed Cited "see, e.g." Renteria-Morales v. Mukasey
9th Cir. · 2008 · signal: see, e.g. · confidence medium
See, e.g., Weaver v. United States, 37 F.3d 1411, 1412-13 (9th Cir. 1994) (“To establish a violation of 18 U.S.C. § 3146 , the gov- ernment ordinarily must prove that the defendant (1) was released pursuant to that statute, (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to 11 In the context of federal obstruction of justice crimes, courts have defined the specific intent element broadly.
discussed Cited "see, e.g." Renteria-Morales v. Mukasey (2×)
9th Cir. · 2008 · signal: see, e.g. · confidence medium
See, e.g., Weaver v. United States, 37 F.3d 1411, 1412-13 (9th Cir.1994) ("To establish a violation of 18 U.S.C. § 3146 , the government ordinarily must prove that the defendant (1) was released pursuant to that statute, (2) was required to appear in court, (3) knew that *1088 he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to appear."); see also United States v. Smeaton, 762 F.2d 796, 797-98 (9th Cir.1985) (recognizing willful failure to appear as an essential element of the bailjumping offense).
discussed Cited "see, e.g." Renteria-Morales v. Mukasey (2×)
9th Cir. · 2008 · signal: see, e.g. · confidence medium
See, e.g., Weaver v. United States, 37 F.3d 1411, 1412-13 (9th Cir.1994) (“To establish a violation of 18 U.S.C. § 3146 , the government ordinarily must prove that the defendant (1) was released pursuant to that statute, (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to appear.”); see also United States v. Smeaton, 762 F.2d 796, 797-98 (9th Cir.1985) (recognizing willful failure to appear as an essential element of the bail-jumping offense).
Retrieving the full opinion text from the archive…
Randall C. WEAVER, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
93-30442.
Court of Appeals for the Ninth Circuit.
Oct 14, 1994.
37 F.3d 1411
94 Cal. Daily Op. Serv. 7865
1994 U.S. App. LEXIS 28435
1994 WL 559513
Charles F. Peterson, Orndorff & Peterson, Boise, ID, for petitioner-appellant., D. Mare Haws, Asst. U.S. Atty., Boise, ID, for respondent-appellee.
Browning, Canby, Huff.
Cited by 21 opinions  |  Published
CANBY, Circuit Judge:

Randall Weaver appeals his conviction of failure to appear for his trial in violation of 18 U.S.C. § 3146. We affirm.

I

On January 18, 1991, Weaver was arraigned on charges of violating federal firearms laws. [1] He was informed, orally and in writing, that his trial was set for February 19, and was released on bail. Some days after Weaver’s release, the court clerk informed counsel for the government, Weaver’s attorney, and Weaver’s pre-trial serviees/probation officer (Karl Richins) that the trial date had been changed to February 20. Richins sent Weaver a letter on February 7, in an attempt to notify him of this change. Unfortunately, the letter incorrectly stated that the trial date had been changed to March 20. Evidence, the admissibility of which is disputed in this appeal, indicated, however, that Weaver’s attorney sent a letter to Weaver on February 8, informing him of the correct trial date.

Weaver failed to appear on February 20, and a bench warrant was issued for his arrest. Sometime later, Weaver was located at his house. Law enforcement authorities surrounded the house, demanding that he surrender. Following a ten-day standoff, during which Weaver’s wife, Weaver’s son, and a federal marshal were killed, Weaver was apprehended. The government thereafter filed additional charges against Weaver, including murder, conspiracy to commit an offense against the United States, and use of a firearm in connection with a violent crime. The ease was tried to a jury, and Weaver was acquitted of all charges except failure to appear. This appeal followed.

II

To establish a violation of 18 U.S.C. § 3146, the government ordinarily must[*1413] prove that the defendant (1) was released pursuant to that statute, (2) was required to appear in court, (3) knew that he was required to appear, (4) failed to appear as required, and (5) was willful in his failure to appear. United States v. McGill, 604 F.2d 1252, 1254 (9th Cir.1979). The government attempted to establish Weaver’s knowledge of the correct trial date by introducing the transcript of a colloquy that took place on February 20 (the date Weaver was scheduled to appear for trial) between Weaver’s lawyer and the judge scheduled to preside. During that conversation, Weaver’s attorney described his efforts to contact Weaver and inform him of the correct trial date. This is the only evidence the government introduced that Weaver was informed of the correct date. Weaver contends (as he did at trial) that this transcript is inadmissible hearsay, and that his conviction therefore must be reversed.

Assuming without deciding that the transcript was inadmissible, we conclude nonetheless that Weaver’s conviction may stand. When a defendant engages in a course of conduct designed to avoid notice of his trial date, the government is not required to prove the defendant’s actual knowledge of that date. United States v. Martinez, 890 F.2d 1088, 1093 (10th Cir.1989); United States v. Bright, 541 F.2d 471, 475-77 (5th Cir.1976). The undisputed evidence in this case establishes that Weaver engaged in precisely such a course of conduct. Accordingly, admission of the transcript, which was offered only to establish Weaver’s knowledge of the correct date for his trial, was harmless beyond a reasonable doubt. [2]

The evidence of Weaver’s action to avoid notice takes two forms. First, at his arraignment, Weaver was instructed, as a condition of his release, to contact his pretrial services officer on January 22. Weaver did not do this, and therefore did not learn of the date on which he had been scheduled to appear. This violation of the terms of his release, alone, obviated any need for the government to prove that Weaver had actual knowledge of the correct date. See Martinez, 890 F.2d at 1093 (10th Cir.1988) (government need not prove knowledge when defendant did not receive notice because he failed to inform the court of a change of address as required by the conditions of his release). The fact that the notice in this case would .have arrived after the scheduled trial date is of no consequence. See id. at 1091-92.

Second, at his arraignment, Weaver was notified that his trial was set for February 19. If he had appeared on the 19th, he would have learned that the trial had been rescheduled for the 20th, and there now would be no question of adequate notice. However, Weaver conceded at oral argument that he failed to appear on the 19th. The only innocent explanation for this failure is his receipt of the letter from his pre-trial services officer, erroneously stating that the trial had been rescheduled for March 20. Yet Weaver failed to appear on March 20 also.

Weaver’s undisputed knowledge that he was to go to trial sometime, the undisputed evidence that he failed to appear on the actual date set for trial or any other date that Weaver plausibly could have believed was the correct trial date, and the undisputed evidence that Weaver failed to keep in regular contact with the pre-trial services office as required by his release, compels the conclusion that Weaver actively avoided learning of the correct trial date if in fact he was not aware of it. Therefore, the government was not required to prove that Weaver had notice of the correct date. The transcript was relevant only for that purpose. Accordingly, any[*1414] error in its admission was harmless beyond a reasonable doubt.

AFFIRMED.

1

. He was indicted for possession of two sawed-off shotguns in violation of 26 U.S.C. § 5861(d) & (6-

2

. The proper standard for harmless error analysis of the erroneous admission of hearsay is unclear in this circuit. For example, in United States v. Bibbero, 749 F.2d 581, 584 (9th Cir.1984), we held that the erroneous admission of hearsay always is constitutional error, and therefore a conviction must be overturned unless the error was harmless beyond a reasonable doubt. However, in United States v. Webbe, 755 F.2d 1387, 1389 (9th Cir.1985), we subjected the erroneous admission of hearsay to nonconstitutional harmless error analysis, and held that such error is harmless if the reviewing court can say "with fair assurance" that it did not affect the verdict.

We need not resolve this dispute here, as any error in this case was' harmless under either standard.