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United States Third Circuit


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.
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