Judges: Per Curiam
Filed: Jun. 07, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued May 23, 2018 Decided June 7, 2018 Before DIANE P. WOOD, Chief Judge WILLIAM J. BAUER, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge Nos. 17-2072 & 17-2325 UNITED STATES OF AMERICA, Appeals from the United States District Plaintiff–Appellee, Court for the Northern District of Illinois, Eastern Division. v. No. 14 CR 464 FLOR
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued May 23, 2018 Decided June 7, 2018 Before DIANE P. WOOD, Chief Judge WILLIAM J. BAUER, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge Nos. 17-2072 & 17-2325 UNITED STATES OF AMERICA, Appeals from the United States District Plaintiff–Appellee, Court for the Northern District of Illinois, Eastern Division. v. No. 14 CR 464 FLORE..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued May 23, 2018
Decided June 7, 2018
Before
DIANE P. WOOD, Chief Judge
WILLIAM J. BAUER, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
Nos. 17‐2072 & 17‐2325
UNITED STATES OF AMERICA, Appeals from the United States District
Plaintiff–Appellee, Court for the Northern District of
Illinois, Eastern Division.
v.
No. 14 CR 464
FLORENTINA SEGURA,
Defendant–Appellant. Edmond E. Chang,
Judge.
O R D E R
On May 12, 2016, a jury convicted Florentina Segura of one count of mail fraud in
violation of 18 U.S.C. § 1341 and three counts of making a false claim to the Internal
Revenue Service in violation of 18 U.S.C. § 287. Those convictions were the result of
Segura’s submission of three tax returns, each fraudulently claiming she was due a refund
of $300,000. During her trial, Segura sought the testimony of two witnesses to corroborate
her defense, but both invoked their Fifth Amendment right against self‐incrimination and
refused to testify. The district court denied Segura’s initial challenge to those invocations,
as well as her post‐trial motion for an acquittal or a new trial based on the same argument.
Nos. 17‐2072 & 17‐2325 Page 2
Segura’s sentencing hearing was originally scheduled for September 27, 2016. After
Segura failed to report for a scheduled psychiatric evaluation earlier that same month, the
district court issued a bench warrant and vacated the sentencing date. On March 13, 2017,
after a series of status hearings, the government requested that the court sentence Segura
in absentia. The motion stated that 19 days prior to the original sentencing date, a person
traveling on a Romanian passport in Segura’s name boarded a plane from O’Hare
International Airport to Vienna International Airport. The court granted the motion, and
on May 10, 2017, sentenced Segura to 51 months’ imprisonment.
Segura’s counsel timely appealed, raising the same due process and Fifth Amendment
issues raised below. The government argues that we should dismiss the appeal because
Segura remains at large. We agree.
Under the fugitive disentitlement doctrine, it is within an appellate court’s discretion
to dismiss the appeal of a fugitive defendant. Ortega‐Rodriguez v. United States, 507 U.S. 234,
239–40 (1993); United States v. Jacob, 714 F.3d 1032, 1034 (7th Cir. 2013). Such a sanction
“serves to deter future escapees, maintain an ‘efficient, dignified appellate practice,’ and
prevent courts from issuing unenforceable judgments.” Jacob, 714 F.3d at 1034 (quoting
Ortega‐Rodriguez, 507 U.S. at 242). Because Segura has fled the country, and there is no
indication that she plans to return, dismissal of her appeal is appropriate.
The appeal is DISMISSED.