United States of America, Plaintiff-appellee, v. Baldev Madan, Aka Dave Madan, Defendant-appellant, 132 F.3d 41 (9th Cir. 1997)

Appeal from the United States District Court for the Central District of California William J. Rea, District Judge, Presiding

Before HALL, BRUNETTI, and RYMER, Circuit Judges

ORDER^* 

Baldev Madan appeals his conviction by jury trial and 27-month sentence for fraudulently transferring properties of bankruptcy estates in violation of 18 U.S.C. § 152(7). As documents submitted by the government show, on July 2, 1997, Madan became a fugitive when he failed to self-surrender to begin serving his sentence. He remains a fugitive to this date with a warrant outstanding for his arrest.

Madan's fugitive status does not deprive this court of power to hear this appeal, but it does disentitle the defendant from demanding appeal as of right. Molinaro v. New Jersey, 396 U.S. 365, 366 (1970) (per curiam). "One may not invoke the power of judicial review only thereafter to obey or disobey the [district] court's mandate as he sees fit." United States v. Freelove, 816 F.2d 475, 480 (9th Cir. 1987). We therefore dismiss Madan's appeal with prejudice. Cf. id.

DISMISSED.