U.S. v. KROUT

No. 94-60227.

56 F.3d 643 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Doug KROUT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 19, 1995.


Attorney(s) appearing for the Case

Elizabeth K. Ferrell, Houston, TX, Roland E. Dahlin, II, Federal Public Defender, Houston, TX, for appellant.

James L. Power, Paula C. Offenhauser, Asst. U.S. Attys., Houston, TX, Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for appellee.

Before JOLLY, SMITH and DeMOSS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Doug Krout was convicted, in absentia, on a charge of possession of more than fifty kilograms of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Krout was in the courtroom when the jury was selected, but the jury was not sworn until trial resumed several days later. By then, he was gone. He simply failed to appear on the day that the government was scheduled to start presenting its...

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