Sandro Tomasi Mar 20, 2021:

doctrina de la fuga subjetiva Solo una sugerencia.

Marcelo Viera Mar 18, 2021:

Fonseca-Machado claims that he was not a fugitive from justice because the Government cannot show that he intended at the time he departed the United States to avoid prosecution. The Government claims that a person who departs for a legitimate reason from the jurisdiction in which his crime was committed but who later remains outside that jurisdiction for the purpose of avoiding prosecution is a fugitive from justice.

Marcelo Viera Mar 18, 2021:

The Government urges us to extend the doctrine of constructive flight, for the purpose of tolling the statute of limitations under Sec. 3290, to this circuit. We decline to do so as the facts in this case do not warrant such action. The record here does not depict a case of constructive flight. It depicts actual flight.
7
Once Fonseca-Machado, after committing the crime of air piracy, gave direction to the National Airlines pilot to fly, not to Puerto Rico or anywhere else within the United States' jurisdiction, but to Cuba, he became a fugitive from justice. We hold that his travel, in continuing to perpetrate the crime of air piracy, constitutes, not constructive flight, but actual flight with intent to avoid prosecution, sufficient enough to toll the statute of limitations under Sec. 3290.
legal term: constructive
constructive
adj. a legal fiction for treating a situation as if it were actually so. Some examples help to clarify this term: a) although Jeremiah Gotrocks does not have the jewelry in his possession, he has the key to the safe deposit box and the right to enter so he has "constructive possession"; b) although ...