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

625 F.2d 79, 1980 U.S. App. LEXIS 14449

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.