United States v. Michael Yellow

613 F. App'x 667

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 1, 2015
• Docket: 14-10140
• Status: Unpublished

Opinion

ORDER OF DISMISSAL **

The Government has renewed its motion to dismiss the pending appeal based on the fugitive disentitlement doctrine. See Dkt. No. 18. We rely on the publicly filed declarations. See Dkt. No. 47. Considering a warrant from over a year ago remains outstanding for Yellow’s arrest, his whereabouts are still presently unknown, the U.S. Marshals are actively looking for him and he has not been found in his usual and customary places, and his pattern of failing to report to his probation officer and follow the terms of his supervised release — the fugitive disentitlement doctrine applies here. See Ortega-Rodriguez v. United States, 507 U.S. 234, 239-42, 113 S.Ct. 1199, 122 L.Ed.2d 581 (1993); Williams v. Alameida, 511 F.3d 973 (9th Cir.2007).

Therefore, we GRANT the Government’s motion to dismiss, and we conditionally dismiss Yellow’s appeal pursuant to the fugitive disentitlement doctrine. If within 30 days Yellow submits himself to the U.S. Marshals, he may move to reinstate this appeal.

IT IS SO ORDERED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.