United States v. John James Connolly

I. Factual Background Prior to June 1st, 1979.

Appellant was convicted in 1972 in the District Court of the Central District of California on two counts of the possession of cocaine (a controlled substance), with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). At the bench trial, appellant was sentencéd to two concurrent five year terms, but was not given a mandatory special parole term as required by 21 U.S.C. § 841 (b)(1)(A).

Appellant appealed his conviction to this Court. His conviction was affirmed. Appellant sought certiorari from the Supreme Court. Certiorari was denied and his petition was dismissed, citing Molinaro v. New Jersey, 396 U.S. 365 , 90 S.Ct. 498 , 24 L.Ed.2d 586 (1970). During this time defendant was on bail.

Appellant did not appear in the district court at the spreading of the remand affirming the judgment of conviction, after his appeal. His bond was forfeited, and a bench warrant was issued for his arrest as a fugitive from justice. Apparently Connolly fled to England; was arrested there; and apparently spent two and a half years in a British prison after conviction of a British crime, which is not named in the record before us, and which…