United States v. Frisby
This text of 42 F. App'x 745 (United States v. Frisby) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[746]*746The defendant appealed his conviction and sentence for failure to file tax returns and endeavoring to obstruct the administration of laws. The government cross-appealed. In view of the defendant’s death, the parties have filed a joint stipulation to remand this matter to the district court to vacate the conviction. When a criminal defendant dies while a direct appeal is pending, the case abates and the action must be remanded to the district court for dismissal of the indictment. United States v. Wilcox, 783 F.2d 44 (6th Cir.1986).
Therefore, it is ORDERED that this appeal and cross-appeal be remanded to the district court to vacate the conviction and dismiss the indictment.
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42 F. App'x 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-frisby-ca6-2002.