Legal Opinion

Jose Estrada v. United States

Court of Appeals for the Fifth Circuit

Decided December 4, 1978No. 75-8095PublishedCited by 14 opinions

1Per 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,…

2Cases cited4 opinions

  1. Estelle v. DorroughSupreme Court of the United States · 1975
  2. United States v. John Paul SheltonCourt of Appeals for the Fifth Circuit · 1975
  3. United States v. William C. SmithCourt of Appeals for the Fifth Circuit · 1977
  4. Fratus v. United StatesCourt of Appeals for the Fifth Circuit · 1974

3Cited by14 opinions

  1. Commonwealth v. PassaroSupreme Court of Pennsylvania · 1984
  2. United States v. Mark Joseph HolmesCourt of Appeals for the Eleventh Circuit · 1982
  3. United States v. Hugo Sarmiento, Thomas K. Fahey, Alfonso IrribarrenCourt of Appeals for the Eleventh Circuit · 1985
  4. Robert Otto Joensen v. Louie L. Wainwright, as Secretary, Department of Offender Rehabilitation, State of FloridaCourt of Appeals for the Fifth Circuit · 1980
  5. Commonwealth v. HurleyMassachusetts Supreme Judicial Court · 1984

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