U.S. v. Shelton, No. 73-1776

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore BELL, GODBOLD and INGRAHAM; GODBOLD
Citation508 F.2d 797
PartiesUNITED STATES of America, Plaintiff-Appellee, v. John Paul SHELTON, Defendant-Appellant.
Docket NumberNo. 73-1776
Decision Date24 February 1975

Page 797

508 F.2d 797
UNITED STATES of America, Plaintiff-Appellee,
v.
John Paul SHELTON, Defendant-Appellant.
No. 73-1776.
United States Court of Appeals, Fifth Circuit.
Feb. 24, 1975, Rehearing and Rehearing En Banc Denied April 7, 1975.

William V. Hall, Jr., Decatur, ga. Robert R. Crittenden, Winter Haven, Rla., for defendant-appellant.

John W. Stokes, U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

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

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

GODBOLD, Circuit Judge:

The petitioner John Paul Shelton moves to reinstate his appeal which was unconditionally dismissed November 12, 1973.

Shelton was convicted in the United States District Court for the Northern District of Georgia of interstate transportation and concealment of a stolen

Page 798

motor vehicle and on February 2, 1973 was sentenced to two concurrent fiveyear terms. He filed notice of appeal to this court, and the District Court granted him release pending appeal under a $5,000 bond with surety.

June 1, 1973, Shelton escaped from custody of the State of Georgia while a state court jury was deliberating at his trial on charges of forgery. He was found guilty on the forgery charges, his state bond was forfeited and a bench warrant issued. The day of the escape his pro se brief in the appeal from the federal conviction was filed in this court.

June 18 the District Court held a hearing in response to a motion by the U.S. Attorney that Shelton show cause why his appeal bond should not be revoked or forfeited. He did not appear nor was he represented by counsel. The District Court determined that it lacked jurisdiction to order the forfeiture.

The United States then filed in this court a motion to revoke or forfeit Shelton's on the basis that he had absconded on the basis taht he had absconded and defied the authority of this court. An attorney, who did not represent Shelton in the trial of the federal charge or of the state charge, filed a response to the government's motions contending that Shelton had neither breached the condition of the federal bond nor evidenced any intent not to obey the judgment of this court.

Recognizing our power and authority to dismiss the appeal of an escapee, we held:

In this instance the custody fled is that of another sovereign and upon a charge unrelated to that embraced in the federal appeal. We conclude, however, that the escape from state custody, the subsequent state conviction, the revocation of the state bond, the fact taht Shelton remains at large despite the existence of the state bench...

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18 practice notes
  • U.S. v. Sanchez, No. CR. B-02-1551-M.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • April 16, 2003
    ...served the entirety of the sentence at issue.10 Likewise, although the Court is aware of the authority of United States v. Shelton, 508 F.2d 797, 798 (5th Cir.1975) (dismissing federal appeal because the defendant was a fugitive from state authorities on an unrelated state charge), cert. de......
  • Com. v. Hurley
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 7, 1984
    ...we conclude that it is within the inherent discretion of this court to reinstate the defendant's appeal. See United States v. Shelton, 508 F.2d 797, 798-799 (5th Cir.), cert. denied, 423 U.S. 828, 96 S.Ct. 45, 46 L.Ed.2d 44 (1975) (stating that Molinaro v. New Jersey, supra, invests a court......
  • U.S. v. Sacco, Nos. 1107
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 5, 1977
    ...the motions when Sacco was returned to federal custody and he did not abuse his discretion in refusing to do so. United States v. Shelton, 508 F.2d 797, 799 (5 Cir. 1975). See also Estelle v. Dorrough, At Sacco's sentencing, Judge Gagliardi did "confirm" and "adopt" the findings of the Mary......
  • Com. v. Passaro
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 25, 1984
    ...Estrada v. United States, 585 F.2d 742 (5th Cir.1978); United States v. Smith, 544 F.2d 832 (5th Cir.1977); United States v. Shelton, 508 F.2d 797 (5th Cir.), cert. denied, 423 U.S. 828, 96 S.Ct. 45, 46 L.Ed.2d 44 (1975); State v. Brady, 655 P.2d 1132 (Utah The petition for reinstatement of......
  • Request a trial to view additional results
18 cases
  • U.S. v. Sanchez, No. CR. B-02-1551-M.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • April 16, 2003
    ...served the entirety of the sentence at issue.10 Likewise, although the Court is aware of the authority of United States v. Shelton, 508 F.2d 797, 798 (5th Cir.1975) (dismissing federal appeal because the defendant was a fugitive from state authorities on an unrelated state charge), cert. de......
  • Com. v. Hurley
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 7, 1984
    ...we conclude that it is within the inherent discretion of this court to reinstate the defendant's appeal. See United States v. Shelton, 508 F.2d 797, 798-799 (5th Cir.), cert. denied, 423 U.S. 828, 96 S.Ct. 45, 46 L.Ed.2d 44 (1975) (stating that Molinaro v. New Jersey, supra, invests a court......
  • U.S. v. Sacco, Nos. 1107
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 5, 1977
    ...the motions when Sacco was returned to federal custody and he did not abuse his discretion in refusing to do so. United States v. Shelton, 508 F.2d 797, 799 (5 Cir. 1975). See also Estelle v. Dorrough, At Sacco's sentencing, Judge Gagliardi did "confirm" and "adopt" the findings of the Mary......
  • Com. v. Passaro
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 25, 1984
    ...Estrada v. United States, 585 F.2d 742 (5th Cir.1978); United States v. Smith, 544 F.2d 832 (5th Cir.1977); United States v. Shelton, 508 F.2d 797 (5th Cir.), cert. denied, 423 U.S. 828, 96 S.Ct. 45, 46 L.Ed.2d 44 (1975); State v. Brady, 655 P.2d 1132 (Utah The petition for reinstatement of......
  • Request a trial to view additional results

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