United States of America, Plaintiff-appellee, v. Karleena Pulido, Defendant-appellant, 142 F.3d 447 (9th Cir. 1998)

Appeal from the United States District Court for the Eastern District of California, Oliver W. Wagner, District Judge, Presiding.

Before BRUNETTI, RYMER, and T.G. NELSON, Circuit Judges.

MEMORANDUM^* 

Karleena Pulido appeals her guilty plea conviction for conspiracy to obtain payment of false claims (18 U.S.C. § 286), and twenty-nine counts of aiding and abetting the filing of false claims to a government agency (18 U.S.C. §§ 287 & 2). We have jurisdiction under 28 U.S.C. § 1291, and dismiss.

Pulido contends that the district court failed to comply with Rule 11 of the Federal Rules of Criminal Procedure in conducting her change of plea hearing. The government contends that we should decline to address Pulido's contention and dismiss the appeal because her flight from justice has hindered appellate review and prejudiced the government's ability to retry the case in the event of reversal. See United States v. Sudthisa-Ard, 17 F.3d 1205, 1206-07 (9th Cir. 1994). We agree. As a result of Pulido's flight, this court was unable to consolidate her appeal with that of her codefendant. See United States v. Ochoa, No. 92-10682 (9th Cir. Oct.20, 1993) (unpublished memorandum disposition). Furthermore, it would be difficult for the government to locate the numerous individuals involved in the criminal conduct that occurred between 1991 and 1992, and given the passage of time it is likely that memories have faded. Accordingly, we exercise our discretion to dismiss the appeal. See Sudthisa-Ard, 17 F.3d at 1206-07 (dismissing appeal where appellant's flight from justice prevented court from consolidating his appeal with those of his codefendants, and the government's ability to retry the case in the event of reversal was prejudiced).