United States v. Eberhardt, 71-3397.
| Decision Date | 18 August 1972 |
| Docket Number | No. 71-3397.,71-3397. |
| Citation | 467 F.2d 578 |
| Parties | UNITED STATES of America ex rel. Ira Glenn BOTTOMS, Petitioner-Appellant, v. Colonel Ernest EBERHARDT, Commanding Officer, Armed Forces Examining and Entrance Station, and Stanley R. Resor, Secretary of the Army, Respondents-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Michael D. Padnos, Atlanta, Ga., for petitioner-appellant.
John W. Stokes, Jr., U. S. Atty., William P. Gaffney, Asst. U. S. Atty., Atlanta, Ga., for respondents-appellees.
Before WISDOM, THORNBERRY and GODBOLD, Circuit Judges.
Counsel for the appellant, Ira Glenn Bottoms, informed the Court that Bottoms has voluntarily absented himself from this country and is residing in Canada. In these circumstances the Court orders this appeal removed from the docket of this Court without prejudice to the appellant's right to have the appeal reinstated before this panel on appropriate motion if, within 30 days from the date hereof, it should be made known to this Court that Bottoms is available and subject to any judgment which might be entered in this case. See United States v. Brown, 5 Cir. 1972, 456 F.2d 1112; the order of this Court dated May 26, 1971, United States v. Brown, Nos. 26,249 and 30,405; the order of this Court dated February 3, 1971, Leary v. United States, No. 29,419.
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...appeal will be reinstated if he returns to custody within thirty days of the issuance of the court order); United States v. Eberhardt, 467 F.2d 578 (5th Cir.1972) (prisoner's appeal removed from docket subject to reinstatement if he subjects himself to court's jurisdiction within thirty Onc......
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...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); United States v. Eberhardt, 467 F.2d 578 (5th Cir.1972); contra Holmes, 680 F.2d at 1372 (dismissing the appeal with prejudice, barring the escapee from ever bringing an appeal)......
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U.S. v. Shelton
...or prospectively dismissing unless defendant-appellant should surrender within a reasonable time, usually 30 days, United States v. , eberhardt, 467 F.2d 578 (CA5, 1972); United States v. Swigart, 490 F.2d 914 (CA10, 1973) ('final dismissal' after 30 days); Brinlee v. United States, 483 F.2......
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U.S. v. DeValle
...L.Ed.2d 144 (1975) (appeal dismissed subject to reinstatement if appellant returns to custody within thirty days); United States v. Eberhardt, 467 F.2d 578 (5th Cir.1972) (same). Moreover, other courts have held that recapture prior to dismissal does not bar dismissal of the appeal for the ......