Summary
dismissing fugitive's appeal without prejudice so that fugitive could reinstate case once he was no longer a fugitive
Summary of this case from Lynn v. U.S.Opinion
Nos. 73-2291, 73-2293.
July 5, 1974.
Charles O. Mitchell, Jr., Jacksonville, Fla. (Court-appointed), R. Lee Utley, Jr., Jacksonville, Fla., for petitioner-appellant.
John L. Briggs, U.S. Atty., Howard T. Snyder, Robert S. Yerkes, Asst. U.S. Attys., Jacksonville, Fla., for respondent-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.
It is made known to the court by the United States that according to the records of the National Crime Information Center the appellant is a fugitive on two unrelated and serious state criminal charges. His appeal is therefore dismissed, United States v. Shelton, 482 F.2d 848 (CA5, 1973), without prejudice to reinstatement should appellant or his counsel show to the court that the information as to his present fugitive status is erroneous.