Jose Estrada v. United States, 585 F.2d 742 (5th Cir. 1978). · Go Syfert
Search
Jose Estrada v. United States, 585 F.2d 742 (5th Cir. 1978). Cases Citing This Book View Copy Cite
14 citation events across 6 distinct courts.
Strongest positive: United States v. Maria Guadalupe Devalle (ca5, 1990-02-01)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "see" United States v. Maria Guadalupe Devalle
5th Cir. · 1990 · signal: see · confidence high
See Estrada v. United States, 585 F.2d 742 (5th Cir.1978); United States v. Shelton, 508 F.2d 797 (5th Cir.), cert. denied, 423 U.S. 828 , 96 S.Ct. 45 , 46 L.Ed.2d 44 (1975).
discussed Cited "see" United States v. Hugo Sarmiento, Thomas K. Fahey, Alfonso Irribarren (2×)
11th Cir. · 1985 · signal: see · confidence high
See Estrada v. United States, 585 F.2d 742 (5th Cir.1978). 10 17 The three appellants remaining raise four issues on appeal.
discussed Cited "see" Commonwealth v. Hurley (2×)
Mass. · 1984 · signal: see · confidence high
See Estrada v. United States, 585 F.2d 742 (5th Cir. 1978).
discussed Cited "see, e.g." United States v. Eric Michael Wright
3rd Cir. · 1990 · signal: compare · confidence low
Compare Estrada v. United States, 585 F.2d 742 (5th Cir.1978) (appeal will not be reinstated without showing of good cause) and Commonwealth v. Hurley, 391 Mass. 76 , 461 N.E.2d 754 *244 (1984) (appeal will be reinstated if appellant’s claims are meritorious and state’s case will not be prejudiced by delay) with Holmes, 680 F.2d at 1373 (distinguishing between waiver of the right to appeal from conviction and from alleged errors in sentencing).
Retrieving the full opinion text from the archive…
Jose ESTRADA, Defendant-Appellant,
v.
UNITED STATES of America, Plaintiff-Appellee
75-8095.
Court of Appeals for the Fifth Circuit.
Dec 4, 1978.
585 F.2d 742
1978 U.S. App. LEXIS 7319
Jack R. Nageley, Miami Beach, Fla., Peter F. K. Baraban, Miami, Fla., for defendant-appellant., Ralph N. Person, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.
Thornberry, Godbold, Rubin.
Cited by 13 opinions  |  Published
PER CURIAM:

Appellant seeks reinstatement of an appeal that was dismissed without prejudice three and one-half years ago when he removed himself from the jurisdiction of this court by becoming a fugitive. [1] The only reason his motion for reinstatement is before us now is because he was recently recaptured and forcibly returned to the jurisdiction of this court.

A motion to reinstate an abandoned appeal is an extraordinary request. United States v. Smith, 5 Cir. 1977, 544 F.2d 832. There is no constitutional right to reinstatement of an appeal abandoned by escape. Estelle v. Dorrough, 1975, 420 U.S. 534, 95 S.Ct. 1173, 43 L.Ed.2d 377. Nor is there a right to automatic reinstatement of an appeal dismissed without prejudice because of the appellant’s escape. See United States v. Smith, supra. Because of the period of time that has elapsed since appellant was tried, there would be substantial danger of prejudice to the government if appeal were allowed at this time and were successful; therefore we would not allow reinstatement without at least a showing of good cause. In the absence of any evidence that appellant was not actually a fugitive or of any explanation for his conduct, he has failed to meet the threshold requirement that would justify reinstatement of a[*743] right that he has relinquished. See United States v. Shelton, 5 Cir. 1975, 508 F.2d 797, cert. denied, 423 U.S. 828, 96 S.Ct. 45, 46 L.Ed.2d 44; Fratus v. United States, 5 Cir. 1974, 496 F.2d 1190.

For the foregoing reasons, the motion to reinstate appeal is DENIED.

1

. It is appropriate to dispose of this case summarily. See Groendyke Transportation, Inc. v. Davis, 5 Cir. 1969, 406 F.2d 1158.