United States v. Dennis Eugene Hearron

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Dennis Eugene HEARRON, Defendant-Appellant. No. 86-1232. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided Jan. 18, 1994. Before: KOZINSKI O'SCANNLAIN, Circuit Judges, and THOMAS S. ZILLY, District Judge. * MEMORANDUM ** Dennis Eugene Hearron ("Hearron") appeals the District Court's failure to dismiss his Indictment. Hearron also contends that this Court should consider this appeal as a result of this Court's Order dated June 21, 1993 recalling the mandate which had previously dismissed his appeal. The issue presented is whether Hearron's fugitive status during the original appeal forfeits his right to further review under the disentitlement doctrine. We reinstate the appeal, reject the Government's disentitlement argument and REVERSE the District Court and REMAND. FACTS AND PROCEEDING On June 12, 1986, Hearron and his…