U.S. Court of Appeals for the Fifth Circuit, 1980

United States v. Jake H. Davis, Jr., Barry Gene Spence, Lloyd D. Murray, Manuel Enrique Puig-Arrango and Honorio Montanez

United States v. Jake H. Davis, Jr., Barry Gene Spence, Lloyd D. Murray, Manuel Enrique Puig-Arrango and Honorio Montanez
U.S. Court of Appeals for the Fifth Circuit · Decided August 29, 1980 · Roney, Kravitch, Tate
625 F.2d 79; 1980 U.S. App. LEXIS 14449 (Federal Reporter, Second Series)

United States v. Jake H. Davis, Jr., Barry Gene Spence, Lloyd D. Murray, Manuel Enrique Puig-Arrango and Honorio Montanez

Opinion

PER CURIAM.

The United States has moved to dismiss the appeal of Manuel Enrique Puig-Arran-go on the ground that he has violated the conditions of his appeal bond and fled the jurisdiction of the court. Accordingly, since the defendant is not presently subject to the jurisdiction of the court below, Smith v. United States, 94 U.S. (4 Otto) 97, 24 L.Ed. 32 (1876), his appeal is dismissed without prejudice, see Estrada v. United States, 585 F.2d 742 (5th Cir. 1978). See also Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970).

APPEAL DISMISSED WITHOUT PREJUDICE.

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