482 F2d 1378 United States v. Isuman

482 F.2d 1378

UNITED STATES of America, Plaintiff-Appellee,
v.
Abdul Lateef ISUMAN, Defendant-Appellant.

No. 73-1879
Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

Sept. 11, 1973.

Jack V. Eskenazi, court-appointed, Federal Public Defender, Miami, Fla., Michael Doddo, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Robert C. Byrne, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

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1

Appellant Isuman was convicted by a jury of importing six and one-half pounds of marijuana in violation of 21 U.S.C. Sec. 952(a). He was fined $500 and sentenced to imprisonment of ten months with a two-year special parole.

2

Appellant did not surrender on the date set for execution of the sentence and is presently a fugitive. Under these circumstances, we decline to adjudicate the merits of this case. This appeal is dismissed. Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970).

3

Appeal dismissed.

*

Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I