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United States v. Wilcox

United States Court of Appeals, Sixth Circuit
Jan 10, 1986
783 F.2d 44 (6th Cir. 1986)

Opinion

No. 83-3916.

January 10, 1986.

Appeal from the United States District Court for the Northern District of Ohio.

Before WELLFORD and MILBURN, Circuit Judges, and KINNEARY, District Judge.

HONORABLE JOSEPH P. KINNEARY, United States District Court for the Southern District of Ohio, sitting by designation.


ORDER

It has come to this Court's attention that appellant Sonny Wilcox died on June 9, 1985, subsequent to oral argument in this case and prior to the filing of the decision of this Court. Appellant's Petition for Rehearing En Banc, p. 1.

Where a defendant in a criminal case dies while the case is pending on direct appeal, the case abates and the action must be remanded to the district court to dismiss the indictment. Durham v. United States, 401 U.S. 481, 483, 91 S.Ct. 858, 860, 28 L.Ed.2d 200 (1971); United States v. Toney, 527 F.2d 716, 720 (6th Cir. 1975).

Accordingly, it is ORDERED that the previous decision and judgment of this Court is VACATED, and the case is REMANDED to the district court with instructions to dismiss the indictment.


Summaries of

United States v. Wilcox

United States Court of Appeals, Sixth Circuit
Jan 10, 1986
783 F.2d 44 (6th Cir. 1986)
Case details for

United States v. Wilcox

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. SONNY WILCOX…

Court:United States Court of Appeals, Sixth Circuit

Date published: Jan 10, 1986

Citations

783 F.2d 44 (6th Cir. 1986)

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