United States v. Dawson, 15987.

Citation350 F.2d 396
Decision Date13 August 1965
Docket NumberNo. 15987.,15987.
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Ronald Sterling DAWSON, aka Kenneth Sterling Dawson, Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

Joseph P. Jordan and David W. Carroll, Cobourn, Yager, Smith & Falvey, Toledo, Ohio, for appellant.

John G. Mattimoe, Asst. U. S. Atty., Toledo, Ohio, for appellee, Merle M. McCurdy, U. S. Atty., Toledo, Ohio, on the brief.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

This is a direct appeal from a conviction for interstate transportation of a stolen automobile in violation of the Dyer Act, 18 U.S.C. § 2312.

After perfecting this appeal and posting $20,000 surety bond, appellant fled the jurisdiction of the District Court. The bond has been forfeited. As of oral argument on this appeal, appellant had not been apprehended.

The appellee moves to dismiss this appeal, arguing that the facts recited indicate that the appeal is both frivolous and moot.

On consideration of appellee's motion and the oral arguments and briefs filed in this case, it is ordered that the appeal be dismissed thirty days from date on both grounds previously recited, unless in the meantime appellant has submitted himself to the jurisdiction of the United States District Court. Eisler v. United States, 338 U.S. 189, 69 S.Ct. 1453, 93 L.Ed. 1897 (1949), cert. dismissed, 338 U.S. 883, 70 S.Ct. 181, 94 L.Ed. 542 (1949); Smith v. United States, 94 U.S. 97, 24 L.Ed. 115 (1876); Stern v. United States, 249 F.2d 720 (C.A. 2, 1957).

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  • Dorrough v. Estelle
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 29 Julio 1974
    ...Court within 30 days that the appellant was available and subject to judgment, his appeal would be dismissed. Accord, United States v. Dawson, 6 Cir. 1965, 350 F.2d 396; see also Eisler v. United States, 1949, 338 U.S. 189, 69 S.Ct. 1453, 93 L.Ed. 1897 (removed from docket), 338 U.S. 883, 7......
  • Ruetz v. Lash
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 22 Julio 1974
    ...(1st Cir. 1971); Johnson v. Laird, 432 F.2d 77 (9th Cir. 1970); United States v. Press, 401 F.2d 499 (3d Cir. 1968); United States v. Dawson, 350 F.2d 396 (6th Cir. 1965); Stern v. United States, 249 F.2d 720 (2d Cir. 1957, cert. denied, 357 U.S. 919, 78 S.Ct. 1360, 2 L.Ed.2d 1364 (1958); c......
  • U.S. v. Eighty Three Thousand Three Hundred Twenty Dollars ($83,320) in U.S. Currency and Forty Dollars ($40) in Canadian Currency
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 29 Junio 1982
    ...95 S.Ct. 1173, 43 L.Ed.2d 377 (1975); Eisler v. United States, 338 U.S. 189, 69 S.Ct. 1453, 93 L.Ed. 1897 (1949); United States v. Dawson, 350 F.2d 396, 397 (6th Cir. 1965); Wayne v. Wyrick, 646 F.2d 1268 (8th Cir. 1981); Government of Virgin Islands v. James, 621 F.2d 588 (3rd Cir. 1980); ......
  • McKinney v. United States
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 5 Noviembre 1968
    ...escaped); Bonahan v. State of Nebraska, 1887, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854, (appellant escaped); United States v. Dawson, 6 Cir., 1965, 350 F.2d 396, (appellant fled the jurisdiction, forfeiting By way of analogy we think the teaching of these cases is that the right of appeal s......
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