Fratus v. United States, No. 73-2291

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBROWN, , and GODBOLD and SIMPSON, Circuit
Citation496 F.2d 1190
PartiesJohn Weston FRATUS, Jr., a/k/a John Weston Greene, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. John Weston FRATUS, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee,
Decision Date05 July 1974
Docket Number73-2293.,No. 73-2291

496 F.2d 1190 (1974)

John Weston FRATUS, Jr., a/k/a John Weston Greene, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.

John Weston FRATUS, Jr., Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee,

Nos. 73-2291, 73-2293.

United States Court of Appeals, Fifth Circuit.

July 5, 1974.


Charles O. Mitchell, Jr., Jacksonville, Fla. (Court-appointed), R. Lee Utley, Jr., Jacksonville, Fla., for petitioner-appellant.

John L. Briggs, U. S. Atty., Howard T. Snyder, Robert S. Yerkes, Asst. U. S. Attys., Jacksonville, Fla., for respondent-appellee.

Before BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.

BY THE COURT:

It is made known to the court by the United States that according to the records of the National Crime Information Center the appellant is a fugitive on two unrelated and serious state criminal charges. His appeal is therefore dismissed, United States v. Shelton, 482 F. 2d 848 (CA5, 1973), without prejudice to reinstatement should appellant or his counsel show to the court that the information as to his present fugitive status is erroneous.

To continue reading

Request your trial
6 practice notes
  • Lynn v. U.S., No. 02-15521.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 14, 2004
    ...convicted defendant who has escaped from prison need not "await ... the expiration of a fixed period of time"); Fratus v. United States, 496 F.2d 1190, 1191 (5th Cir.1974) (dismissing fugitive's appeal without prejudice so that fugitive could reinstate case once he was no longer a fugitive)......
  • United States v. Shapiro, No. 67 Cr. 621.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 24, 1975
    ...415 U.S. 976, 94 S.Ct. 1562, 39 L.Ed.2d 872, reh. denied, 416 U.S. 975, 94 S.Ct. 2004, 40 L.Ed.2d 565 (1974); Fratus v. United States, 496 F.2d 1190 (5th Cir. 1974); Brinlee v. United States, 483 F.2d 925 (8th Cir. 1973); Johnson v. Laird, supra; cf. United States v. Press, 401 F.2d 499 (3d......
  • U.S. v. Shelton, No. 73-1776
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 24, 1975
    ...Brinlee v. United States, 483 F.2d 925 (CA8, 1973); United States v. O'Neal, 453 F.2d 344 (CA10, 1972). Cf., Fratus v. United States, 496 F.2d 1190 (CA5, 1974), in which this court dismissed without prejudice if appellant showed he was not actually a fugitive. In Van Blaricom v. Forscht, 49......
  • Broadway v. City of Montgomery, Alabama, No. 74--3848
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 22, 1976
    ...365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970); Van Blaricom v. Forscht, 5 Cir., 1974, 490 F.2d 461; Fratus v. United States, 5 Cir., 1974, 496 F.2d 1190; United States v. Shelton, 5 Cir., 1975, 508 F.2d 797. It is immaterial that the custody from which he fled is that of another sovereign. Unite......
  • Request a trial to view additional results
6 cases
  • Lynn v. U.S., No. 02-15521.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 14, 2004
    ...defendant who has escaped from prison need not "await ... the expiration of a fixed period of time"); Fratus v. United States, 496 F.2d 1190, 1191 (5th Cir.1974) (dismissing fugitive's appeal without prejudice so that fugitive could reinstate case once he was no longer a fugitive)......
  • United States v. Shapiro, No. 67 Cr. 621.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 24, 1975
    ...415 U.S. 976, 94 S.Ct. 1562, 39 L.Ed.2d 872, reh. denied, 416 U.S. 975, 94 S.Ct. 2004, 40 L.Ed.2d 565 (1974); Fratus v. United States, 496 F.2d 1190 (5th Cir. 1974); Brinlee v. United States, 483 F.2d 925 (8th Cir. 1973); Johnson v. Laird, supra; cf. United States v. Press, 401 F.2d 499 (3d......
  • U.S. v. Shelton, No. 73-1776
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 24, 1975
    ...Brinlee v. United States, 483 F.2d 925 (CA8, 1973); United States v. O'Neal, 453 F.2d 344 (CA10, 1972). Cf., Fratus v. United States, 496 F.2d 1190 (CA5, 1974), in which this court dismissed without prejudice if appellant showed he was not actually a fugitive. In Van Blaricom v. Forscht, 49......
  • Broadway v. City of Montgomery, Alabama, No. 74--3848
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 22, 1976
    ...365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970); Van Blaricom v. Forscht, 5 Cir., 1974, 490 F.2d 461; Fratus v. United States, 5 Cir., 1974, 496 F.2d 1190; United States v. Shelton, 5 Cir., 1975, 508 F.2d 797. It is immaterial that the custody from which he fled is that of another sovereign. Unite......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT