U.S. v. Holmes, No. 81-7307

CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)
Writing for the CourtBefore HILL and CLARK; PER CURIAM
Decision Date22 July 1982
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Mark Joseph HOLMES, Defendant-Appellant.
Docket NumberNo. 81-7307

Page 1372

680 F.2d 1372
UNITED STATES of America, Plaintiff-Appellee,
v.
Mark Joseph HOLMES, Defendant-Appellant.
No. 81-7307.
United States Court of Appeals,
Eleventh Circuit.
July 22, 1982.

Page 1373

John William Hammond, Marietta, Ga. (Court Appointed), for defendant-appellant.

James E. Baker, U. S. Atty., Julie Carnes, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before HILL and CLARK, Circuit Judges, and SCOTT *, District Judge.

PER CURIAM:

Mark Joseph Holmes was convicted by a jury in the United States District Court for the Northern District of Georgia on February 15, 1979, for violations of federal narcotics laws. On February 26, 1979, Holmes entered a guilty plea on a charge of possession of a firearm by a convicted felon. The district court set March 29, 1979, as the sentencing date for both charges. Holmes failed to appear on March 29 for the sentencing, however, and the district court issued a bench warrant for his arrest and declared Holmes' bail bond to be forfeited.

Holmes remained a fugitive until March 6, 1981, at which time law enforcement officers arrested Holmes in Buffalo, New York, and removed him to the Northern District of Georgia. On March 31, 1981, the district court sentenced Holmes to a total of seventeen years imprisonment. Holmes then brought this appeal from his convictions on all counts. The government filed a motion before this court to dismiss the appeal on the ground that Holmes abandoned any appeal by becoming a fugitive for some two years after his convictions. On May 26, 1981, this court ordered that the government's motion to dismiss be carried with the case. The case was argued before this panel on June 29, 1982, with counsel addressing both the motion to dismiss and the issues raised by Holmes on appeal.

In support of its motion to dismiss, the government relies upon the following cases in which criminal appeals were dismissed because the defendant became a fugitive after filing a notice of appeal: Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970); Estelle v. Donough, 420 U.S. 534, 95 S.Ct. 1173, 43 L.Ed.2d 377 (1975); Estrada v. United States, 585 F.2d 742 (5th Cir. 1978); United States v. Smith, 544 F.2d 832 (5th Cir. 1977); and United States v. Shelton, 508 F.2d 797 (5th Cir. 1975). The cases cited are distinguishable from the instant case because each involved a defendant...

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40 practice notes
  • U.S. v. DiBernardo, No. 87-5387
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 21, 1989
    ...grant his motion for a new trial. See Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970); United States v. Holmes, 680 F.2d 1372 (11th Cir.1982); Broadway v. City of Montgomery, 530 F.2d 657 (5th Page 1230 Accordingly, the order granting a new trial as to DiBernardo i......
  • United States v. Sharpe, No. 83-529
    • United States
    • United States Supreme Court
    • March 20, 1985
    ...3. See, e.g., Florida v. Rodriguez, 469 U.S. 1, 2-3, 105 S.Ct. 308, ---, 83 L.Ed.2d 165 (1984) (per curiam ); United States v. Holmes, 680 F.2d 1372, 1373 (CA11 1982), cert. denied, 460 U.S. 1015, 103 S.Ct. 1259, 75 L.Ed.2d 486 (1983); United States v. Wood, 550 F.2d 435, 437-438 (CA9 1976)......
  • State of Md. Deposit Ins. Fund Corp. v. Billman, No. 143
    • United States
    • Maryland Court of Appeals
    • October 17, 1990
    ...Cir.), cert. denied, 467 U.S. 1228, 104 S.Ct. 2684, 81 L.Ed.2d 878 (1984) (escape and recapture during trial); United States v. Holmes, 680 F.2d 1372 (11th Cir.1982) (per curiam), cert. denied, 460 U.S. 1015, 103 S.Ct. 1259, 75 L.Ed.2d 486 (1983) (escape and recapture after finding of guilt......
  • Ortega-Rodriguez v. United States, ORTEGA-RODRIGUE
    • United States
    • United States Supreme Court
    • March 8, 1993
    ...Petitioner, v. UNITED STATES. No. 91-7749. Argued Dec. 7, 1992. Decided March 8, 1993. Syllabus * In United States v. Holmes, 680 F.2d 1372, 1373, the Court of Appeals held that "a defendant who flees after conviction, but before sentencing, waives his right to appeal from the conviction un......
  • Request a trial to view additional results
40 cases
  • U.S. v. DiBernardo, No. 87-5387
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 21, 1989
    ...grant his motion for a new trial. See Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970); United States v. Holmes, 680 F.2d 1372 (11th Cir.1982); Broadway v. City of Montgomery, 530 F.2d 657 (5th Page 1230 Accordingly, the order granting a new trial as to DiBernardo i......
  • United States v. Sharpe, No. 83-529
    • United States
    • United States Supreme Court
    • March 20, 1985
    ...3. See, e.g., Florida v. Rodriguez, 469 U.S. 1, 2-3, 105 S.Ct. 308, ---, 83 L.Ed.2d 165 (1984) (per curiam ); United States v. Holmes, 680 F.2d 1372, 1373 (CA11 1982), cert. denied, 460 U.S. 1015, 103 S.Ct. 1259, 75 L.Ed.2d 486 (1983); United States v. Wood, 550 F.2d 435, 437-438 (CA9 1976)......
  • State of Md. Deposit Ins. Fund Corp. v. Billman, No. 143
    • United States
    • Maryland Court of Appeals
    • October 17, 1990
    ...Cir.), cert. denied, 467 U.S. 1228, 104 S.Ct. 2684, 81 L.Ed.2d 878 (1984) (escape and recapture during trial); United States v. Holmes, 680 F.2d 1372 (11th Cir.1982) (per curiam), cert. denied, 460 U.S. 1015, 103 S.Ct. 1259, 75 L.Ed.2d 486 (1983) (escape and recapture after finding of guilt......
  • Ortega-Rodriguez v. United States, ORTEGA-RODRIGUE
    • United States
    • United States Supreme Court
    • March 8, 1993
    ...Petitioner, v. UNITED STATES. No. 91-7749. Argued Dec. 7, 1992. Decided March 8, 1993. Syllabus * In United States v. Holmes, 680 F.2d 1372, 1373, the Court of Appeals held that "a defendant who flees after conviction, but before sentencing, waives his right to appeal from the conviction un......
  • Request a trial to view additional results

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