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U.S. v. ORTEGA-RODRIGUEZ

No. 91-5083.

13 F.3d 1474 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Antonio ORTEGA-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 10, 1994.

Attorney(s) appearing for the Case

James R. Gailey, Federal Public Defender, Stewart G. Abrams, Asst. Federal Public Defender, Miami, FL, for defendant-appellant.

Linda Collins Hertz, Dawn Bowen, U.S. Attys., Miami, FL, for plaintiff-appellee.

Before DYER, FAY and SMITH Senior Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

FAY, Senior Circuit Judge:

We hear this appeal on remand from Ortega-Rodriguez v. United States, ___ U.S. ___, 113 S.Ct. 1199, 122 L.Ed.2d 581 (1993). Because we find that Jose Antonio Ortega-Rodriguez' ("Ortega-Rodriguez") former fugitive status neither unduly prejudiced the government nor significantly interfered with the appellate process, we DENY the government's motion to dismiss the appeal...

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