United States v. Lamthong Sudthisa-Ard

Lamthong Sudthisa-Ard appeals his jury conviction for conspiracy and importation of heroin in violation of 21 U.S.C. §§ 952 , 960, and 963. We dismiss the appeal because Sudthisa-Ard’s thirteen-year fugitive status’prejudiced the government’s ability to retry the case in the event of reversal and made meaningful appellate review impossible.

I.

In 1978, the district court conducted a joint trial of Sudthisa-Ard and Yukio Uramoto for heroin smuggling. On the final day of trial, Sudthisa-Ard jumped bail. After the district court issued a bench warrant and concluded the trial in absentia, the jury convicted Sud-thisa-Ard for conspiracy to import and importation of heroin and convicted Uramoto for conspiracy to import heroin.

After sentencing and a timely appeal to this court, we reversed Uramoto’s conviction on the ground that the district court violated the Confrontation Clause by limiting cross-examination of a key government informant. United States v. Uramoto, 638 F.2d 84, 86-87 (9th Cir.1980). The government chose not to retry that case.

A United States Marshall finally apprehended Sudthisa-Ard in 1991, thirteen years after his flight. The district court subsequently…