United States v. Shelton, No. 73-1776.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBELL, GODBOLD and INGRAHAM, Circuit
Citation482 F.2d 848
PartiesUNITED STATES of America, Plaintiff-Appellee, v. John Paul SHELTON, Defendant-Appellant.
Docket NumberNo. 73-1776.
Decision Date03 December 1973

482 F.2d 848 (1973)

UNITED STATES of America, Plaintiff-Appellee,
v.
John Paul SHELTON, Defendant-Appellant.

No. 73-1776.

United States Court of Appeals, Fifth Circuit.

August 2, 1973.

Certiorari Denied December 3, 1973.


William V. Hall, Jr., Decatur, Ga., for defendant-appellant.

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

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

Certiorari Denied December 3, 1973. See 94 S.Ct. 591.

BY THE COURT:

Shelton was convicted in federal district court of interstate transportation and concealment of a stolen motor vehicle, was sentenced to two concurrent five-year terms on February 2, 1973, and filed notice of appeal on March 5. The District Court granted Shelton release pending appeal on condition of $5,000 bond with surety.

482 F.2d 849

On June 1 Shelton escaped from state custody during his trial on state charges of forgery.1 He was found guilty on the forgery charges, his state bond was forfeited and a bench warrant issued. He remains at large. On June 1, the same day that Shelton escaped, his pro se brief in the appeal from the federal conviction was filed in this court.

On June 18 the District Court held a show cause hearing in response to a motion by the U.S. Attorney to revoke or forfeit the appeal bond. Shelton did not appear at that hearing nor was he represented by counsel.2 The District Court determined that it lacked jurisdiction to order forfeiture of the bond.3

The United States has now filed with this court a motion to revoke or forfeit Shelton's appeal bond and a motion to dismiss the appeal on the basis that Shelton has 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, has filed a response to the government's motions contending that Shelton has neither breached the conditions of the federal bond nor evidenced any intent not to obey the judgment of this court.

An appellate court has the power and authority to dismiss the appeal of an appellant who has escaped from custody or jumped bail, the rationale being variously expressed as disentitlement of the appellant to call upon the resources of the court to consider his claim, as discretion of the court to refuse to consider the claim of a litigant who indicates that he will comply with the court's decree only if it is favorable, or as the lack of a justiciable controversy. Molinaro v. New Jersey, 396 U.S....

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17 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
    ...fugitive's appeal without prejudice so that fugitive could reinstate case once he was no longer a fugitive); United States v. Shelton, 482 F.2d 848, 849 (5th Cir.1973) (remanding to district court to schedule a hearing at which appellant-fugitive shall appear to "show cause why the conditio......
  • Lewis v. Delaware State Hospital, Civ. A. No. 79-529.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • April 30, 1980
    ...denied, 420 U.S. 962, 95 S.Ct. 1351, 43 L.Ed.2d 439 (1975); United States v. Press, 401 F.2d 499 (3d Cir. 1968); United States v. Shelton, 482 F.2d 848 (5th Cir.), cert. denied, 414 U.S. 1075, 94 S.Ct. 591, 38 L.Ed.2d 482 (1973); United States v. Dawson, 350 F.3d 396 (6th Cir. 1965); Brinle......
  • U.S. v. Sacco, Nos. 1107
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 5, 1977
    ...v. Sperling, 506 F.2d 1323, 1345 n. 33 (2 Cir. 1974); Brinlee v. United States, 483 F.2d 925 (8 Cir. 1973); United States v. Shelton, 482 F.2d 848 (5 Cir. 1972); Hitchcock v. Laird, 456 F.2d 1064 (4 Cir. 1972); United States v. O'Neal, 453 F.2d 344 (10 Cir. 1972); Johnson v. Laird, 432 F.2d......
  • Bagwell v. Dretke, No. 02-11129.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 2004
    ...824, 116 S.Ct. 1777; Smith, 94 U.S. at 97; Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887); United States v. Shelton, 482 F.2d 848, 849 (5th Cir.1973) (per curiam). 8. Ortega-Rodriguez v. United States, 507 U.S. 234, 240, 113 S.Ct. 1199, 122 L.Ed.2d 581 (1993). 9. Id. a......
  • Request a trial to view additional results
17 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
    ...fugitive's appeal without prejudice so that fugitive could reinstate case once he was no longer a fugitive); United States v. Shelton, 482 F.2d 848, 849 (5th Cir.1973) (remanding to district court to schedule a hearing at which appellant-fugitive shall appear to "show cause why the conditio......
  • Lewis v. Delaware State Hospital, Civ. A. No. 79-529.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • April 30, 1980
    ...denied, 420 U.S. 962, 95 S.Ct. 1351, 43 L.Ed.2d 439 (1975); United States v. Press, 401 F.2d 499 (3d Cir. 1968); United States v. Shelton, 482 F.2d 848 (5th Cir.), cert. denied, 414 U.S. 1075, 94 S.Ct. 591, 38 L.Ed.2d 482 (1973); United States v. Dawson, 350 F.3d 396 (6th Cir. 1965); Brinle......
  • U.S. v. Sacco, Nos. 1107
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 5, 1977
    ...v. Sperling, 506 F.2d 1323, 1345 n. 33 (2 Cir. 1974); Brinlee v. United States, 483 F.2d 925 (8 Cir. 1973); United States v. Shelton, 482 F.2d 848 (5 Cir. 1972); Hitchcock v. Laird, 456 F.2d 1064 (4 Cir. 1972); United States v. O'Neal, 453 F.2d 344 (10 Cir. 1972); Johnson v. Laird, 432 F.2d......
  • Bagwell v. Dretke, No. 02-11129.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 2004
    ...824, 116 S.Ct. 1777; Smith, 94 U.S. at 97; Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887); United States v. Shelton, 482 F.2d 848, 849 (5th Cir.1973) (per curiam). 8. Ortega-Rodriguez v. United States, 507 U.S. 234, 240, 113 S.Ct. 1199, 122 L.Ed.2d 581 (1993). 9. Id. a......
  • Request a trial to view additional results

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