United States Fifth Circuit

Where a defendant died while pursuing an appeal, his estate was not entitled to a return of the criminal forfeiture he paid the government before his death. A compensatory restitution order survived defendant's death, and was properly awarded.

Appellate Information

• Decided 12/11/2002
• Published 12/11/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David L. Botsford, Law Office of David L. Botsford, Austin, TX, Herbert V. Larson, Jr. (argued), New Orleans, LA, for Appellant.


• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Joseph A. Florio, San Antonio, TX, for Plaintiff-Appellee.