ORTEGA-RODRIGUEZ v. UNITED STATES

No. 91-7749.

507 U.S. 234 (1993)

ORTEGA-RODRIGUEZ v. UNITED STATES

United States Supreme Court.

Decided March 8, 1993.


Attorney(s) appearing for the Case

James R. Gailey argued the cause for petitioner. With him on the briefs were Stewart G. Abrams and Paul M. Rashkind.

Amy L. Wax argued the cause for the United States. With her on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Deputy Solicitor General Bryson.

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, p. 252.


Justice Stevens, delivered the opinion of the Court.

In United States v. Holmes, 680 F.2d 1372, 1373 (1982), cert. denied, 460 U.S. 1015 (1983), the Court of Appeals for the Eleventh Circuit 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...

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