5th Cir. Pattern Jury Instr. (Criminal) 2.94

18 U.S.C. § 3146

Title 18, United States Code, Section 3146, makes it a crime for anyone to knowingly fail

to appear in court [surrender for service of sentence] on a required date.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant was previously charged with [convicted of] _______________

(name crime) in this court;

Second: That the defendant had been released on bond his [her] own recognizance by a

____________________ (specify judicial officer) on condition that the defendant appear in court

[surrender for service of sentence];

Third: That the defendant thereafter failed to appear [surrender for service of sentence] as

required; and

Fourth: That the defendant knew he [she] was required to appear [surrender for service of

sentence] on that date and purposefully and knowingly failed to do so.

[If the defendant never received actual notice of his [her] required appearance, it may have

been because the defendant purposely engaged in a course of conduct designed to prevent himself

[herself] from receiving such notice. If you find the defendant did purposely engage in such evasive

behavior, this evidence may indicate that the defendant was aware of his [her] required

appearance.]