The defendant was convicted of selling unregistered securities and sentenced to 14 months in prison and $241,630.95 in restitution. Defendant appealed the judgment. He then went to Australia. He did not return and showed no interest in doing so. On the government’s motion, the court of appeals dismissed the appeal under the fugitive disentitlement doctrine. Citing, among other authority, an 1876 United States Supreme Court case, the court stated that “an escape from custody ‘disentitles the defendant to call upon the resources of the Court for determination of his claims.”’ Strictly speaking, the defendant did not actually escape from custody because the district court granted permission to travel to Australia before surrendering, so that he was never actually in custody. Yet it seems unlikely that he will return to contest the point.
United States v. Jacob, 714 F.3d 1032 (7th Cir. 2013).