UNITED STATES v. BRYANT (2018)

United States Court of Appeals, District of Columbia Circuit.

UNITED STATES of America, Appellee v. Tony BRYANT, Appellant

No. 18-3022

Decided: November 08, 2018

BEFORE: Rogers and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge

Elizabeth Trosman, Esquire, Assistant U.S. Attorney, Elizabeth Harper Danello, Assistant U.S. Attorney, USAO Appellate Counsel, U.S. Attorney's Office (USA), Appellate Division, Washington, DC, for Plaintiff-Appellee Charles B. Wayne, DLA Piper US LLP, Washington, DC, for Defendant-Appellant

ORDER

Upon consideration of the joint motion to dismiss appeal, vacate judgment, and remand for dismissal of prosecution, it is

ORDERED that the motion be granted. In light of appellant’s death on September 5, 2018, this appeal is hereby dismissed and the case remanded for vacatur of appellant’s conviction and dismissal of the indictment against him. See Durham v. United States, 401 U.S. 481, 483, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971) (defendant’s death pending direct appeal of conviction abates prosecution); United States v. Pogue, 19 F.3d 663, 665 (D.C. Cir. 1994) (per curiam) (same).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to issue the mandate forthwith to the district court.

Per Curiam

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