Nature of the Case
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Facts
Bitter (D) was being tried for violating mail fraud statutes for using an assumed name. On the third day of trial, the government rested its case before D anticipated and at recess D sought permission to go to his office to gather additional evidence. Permission was granted and forty-five minutes was allotted. D had previously appeared promptly on all other occasions but this time showed up 37 minutes late. D was ordered into custody for the remainder of the trial. D was then taken to a facility that was 40 minutes from the court and efforts to have him released bore no fruit. D was convicted of seven counts and appealed.
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