U.S. v. AWADALLA

Docket No. 03-1378.

357 F.3d 243 (2004)

UNITED STATES of America, Cross-Movant-Appellee, v. Sherif AWADALLA, Movant-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 6, 2004.


Attorney(s) appearing for the Case

Barry E. Schulman, Brooklyn, NY, for Movant-Defendant-Appellant.

Susan Corkery, Assistant United States Attorney (Peter A. Norling, Assistant United States Attorney, of counsel; Roslynn Mauskopf, United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Cross-Movant-Appellee.

Before: WINTER, CABRANES, and SACK, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge.

Counsel for Sherif Awadalla, a convicted felon who absconded after filing a notice of appeal in this Court, moves for a stay of Awadalla's appeal or, alternatively, for dismissal of his appeal without prejudice to renewal when he surrenders. The Government cross-moves to dismiss Awadalla's appeal with prejudice. For the reasons set forth below, the Government's motion is granted, and the appeal is dismissed with prejudice.

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