Read US v. DeMichael, 04-1936

In circumstances where a defendant died after he filed a timely appeal from a sentence imposed as a result of his conviction on federal gambling charges, a motion by his personal representative to abate defendant's conviction is denied, and the case is remand to the district court with instructions to abate a fine, which was the only issue the decedent had been appealing in the first place.

Appellate Information

• Argued 07/13/2006
• Decided 08/29/2006
• Published 08/29/2006

Judges

• Before SLOVITER, McKEE and RENDELL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mary Gibbons, [Argued], Toms River, NJ, for Appellant.


• For Appellees:
  
• George S. Leone, Mark E. Coyne, [Argued], Office of the U.S. Attorney, Newark, NJ, for Appellee.