8.195 Failure to Surrender

8.195 FAILURE TO SURRENDER
(18 U.S.C. § 3146(a)(2)) 

The defendant is charged in [Count _______ of] the indictment with failure to surrender in violation of Section 3146(a)(2) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: 

First, the defendant was sentenced to a term of imprisonment; 

Second, the defendant was released from custody under the Bail Reform Act; 

Third, the defendant was ordered to surrender for service of the sentence on [date]; 

Fourth, the defendant knew of the order to surrender; and 

Fifth, the defendant intentionally failed to surrender as ordered. 

Comment 

See Comment to Instruction 8.194 (Failure to Appear (18 U.S.C. § 3146(a)(1))). 

Approved 1/2019