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1991
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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being
done in connection with this case, at the time the opinion is issued. The
syllabus constitutes no part of the opinion of the Court but has been prepared
by the Reporter of Decisions for the convenience of the reader. See United ______
States v. Detroit Lumber Co., 200 U. S. 321, 337.______ ___________________
SUPREME COURT OF THE UNITED STATES
Syllabus
ORTEGA-RODRIGUEZ v. UNITED STATES ____
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No. 91-7749. Argued December 7, 1992 - Decided March 8, 1993
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 unless he can establish that his absence
was due to matters completely beyond his control.'' Relying on that
authority, and without further explanation, the court issued a per curiam __________
order dismissing the appeal of petitioner, who failed to appear for sentencing
following his conviction on federal narcotics charges, but was recaptured
before he filed his appeal.
Held: When a defendant's flight and recapture occur before appeal, the_____
defendant's former fugitive status may well lack the kind of connection to the
appellate process that would justify an appellate sanction of dismissal.
Pp. 5-18.
(a) This Court's settled rule that dismissal is an appropriate sanction when
a convicted defendant is a fugitive during ``the ongoing appellate process,''
see Estelle v. Dorrough, 420 U. S. 534, 542, n. 11, is amply supported by a _______ _________
number of justifications, including concerns about the enforceability of the
appellate court's judgment against the fugitive, see, e.g., Smith v. United ___________ ______
States, 94 U. S. 97; the belief that flight disentitles the fugitive to _______
relief, see Molinaro v. New Jersey, 396 U. S. 365, 366; the desire to promote ________ ___________
the ``efficient . . . operation'' of the appellate process and to protect the
``digni[ty]'' of the appellate court, see Estelle, 420 U. S., at 537; and the ________
view that the threat of dismissal deters escapes, see ibid. Pp. 5-8. _____
(b) The foregoing rationales do not support a rule of dismissal for all
appeals filed by former fugitives who are returned to custody before they
invoke the jurisdiction of the appellate tribunal. These justifications all
assume some connection between the defendant's
I II ORTEGA-RODRIGUEZ v. UNITED STATES ____
Syllabus
fugitive status and the appellate process, sufficient to make an appellate
sanction a reasonable response. When both flight and recapture occur while a
case is pending before the district court, the justifications are necessarily
attenuated and often will not apply. Pp. 8-15.
(c) This Court does not hold that a court of appeals is entirely without
authority to dismiss an appeal because of fugitive status predating the
appeal, since it is possible that some actions by a defendant, though they
occur while his case is before the district court, might have an impact on the
appellate process sufficient to warrant an appellate sanction. As this case
reaches the Court, however, there is no indication in the record that the
Court of Appeals made such a judgment under the standard here announced.
Application of the Holmes rule, as formulated by the lower court thus far, ______
does not require the kind of connection between fugitivity and the appellate
process that is necessary; instead it may rest on nothing more than the faulty
premise that any act of judicial defiance, whether or not it affects the
appellate process, is punishable by appellate dismissal. Pp. 15-18.
Vacated and remanded.
STEVENS, J., delivered the opinion of the Court, in which BLACKMUN, SCALIA,
KENNEDY, and SOUTER, JJ., joined. REHNQUIST, C. J., filed a dissenting opinion,
in which WHITE, O'CONNOR, and THOMAS, JJ., joined.