Unpublished Dispositionunited States of America, Plaintiff-appellee v. James T. Licavoli, Aka, Jack White; Pasquale Cisternino,aka, Butchie; Ronald Carabbia, Defendants-appellants, 799 F.2d 752 (6th Cir. 1986)

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US Court of Appeals for the Sixth Circuit - 799 F.2d 752 (6th Cir. 1986) July 31, 1986

Before ENGEL and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.


ORDER

On January 28, 1986 an order was entered granting the motion of the United States to dismiss this appeal as to appellant James T. Licavoli in light of his demise.

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 (1971); United States v. Toney, 527 F.2d 716, 720 (6th Cir. 1975).

In view of the above it is ORDERED that the dismissal of appellant Licavoli's appeal is hereby vacated, and the case reinstated onto the docket. It is FURTHER ORDERED that the cause be, and hereby is, remanded to the district court for dismissal of the indictment.