United States v. Duff
District Court, E.D. Virginia
1Opinion of the Court
MEMORANDUM OPINION
CACHERIS, Chief Judge.
The issue before the Court is whether the definition of fleeing from justice is defined as the mere absence of an individual from the prosecution jurisdiction or active concealment of oneself with the intent to avoid arrest or prosecution. For the reasons that follow, this Court holds that fleeing from justice requires that the Government prove by a preponderance of the evidence that an individual knew charges against him were pending and actively concealed himself with the intent to avoid arrest or prosecution.
I
This matter is before the Court on…
2Cases cited15 opinions
- Elijah Ephraim Jhirad v. Thomas E. Ferrandina, United States Marshal, Southern District of New YorkCourt of Appeals for the Second Circuit · 1976
- United States v. Santos Hernan Rivera-VenturaCourt of Appeals for the Second Circuit · 1995
- United States v. Alfred CatinoCourt of Appeals for the Second Circuit · 1984
- United States v. Stephen GonsalvesCourt of Appeals for the Ninth Circuit · 1982
- Streep v. United StatesSupreme Court of the United States · 1895
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3Cited by2 opinions
- United States v. NabepanhaDistrict Court, S.D. Florida · 2001
- United States v. OwensDistrict Court, D. Massachusetts · 1997