U.S. v. SUDTHISA-ARD

No. 92-50375.

17 F.3d 1205 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Lamthong SUDTHISA-ARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1994.


Attorney(s) appearing for the Case

Michael Garcia, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Russell G. Petti, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: GOODWIN and HALL, Circuit Judges, and TANNER, District Judge.


CYNTHIA HOLCOMB HALL, Circuit Judge:

Lamthong Sudthisa-Ard appeals his jury conviction for conspiracy and importation of heroin in violation of 21 U.S.C. §§ 952, 960, and 963. We dismiss the appeal because Sudthisa-Ard's thirteen-year fugitive status prejudiced the government's ability to retry the case in the event of reversal and made meaningful appellate review impossible.

I.

In 1978, the district court conducted a joint trial of Sudthisa...

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