FILED
NOT FOR PUBLICATION
SEP 01 2015
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10140
Plaintiff - Appellee, D.C. No. 3:11-cr-08173-NVW-1
v.
ORDER OF DISMISSAL*
MICHAEL EARL YELLOW,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Argued August 10, 2015
Submitted August 25, 2015
San Francisco, California
Before: KOZINSKI and TALLMAN, Circuit Judges and PIERSOL,** Senior
District Judge.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Lawrence L. Piersol, United States Senior District
Judge for the District of South Dakota, sitting by designation.
The Government has renewed its motion to dismiss the pending appeal
based on the fugitive disentitlement doctrine. See Dkt. No. 18. We rely on the
publicly filed declarations. See Dkt. No. 47. Considering a warrant from over a
year ago remains outstanding for Yellow’s arrest, his whereabouts are still
presently unknown, the U.S. Marshals are actively looking for him and he has not
been found in his usual and customary places, and his pattern of failing to report to
his probation officer and follow the terms of his supervised release—the fugitive
disentitlement doctrine applies here. See Ortega-Rodriguez v. United States, 507
U.S. 234, 239-42 (1993); Williams v. Alameida, 511 F.3d 973 (9th Cir. 2007).
Therefore, we GRANT the Government’s motion to dismiss, and we
conditionally dismiss Yellow’s appeal pursuant to the fugitive disentitlement
doctrine. If within 30 days Yellow submits himself to the U.S. Marshals, he may
move to reinstate this appeal.
IT IS SO ORDERED.
2