UNITED STATES v. DAVIS

PER CURIAM.

The United States has moved to dismiss the appeal of Manuel Enrique Puig-Arrango on the ground that he has violated the conditions of his appeal bond and filed the jurisdiction of the court. Accordingly, since the defendant is not presently subject to the jurisdiction of the court below, Smith v. United States, 94 U.S. (4 Otto) 97, 24 L.Ed. 32 (1876), his appeal is dismissed without prejudice, see Estrada v. United States, 585 F.2d 742 (5th Cir. 1978). See also Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970).

APPEAL DISMISSED WITHOUT PREJUDICE.