United States v. Samuel Anthony Cammarata

The defendant Cammarata appealed his criminal conviction to this court. Subsequent to his appeal, he died. When a defendant dies pending direct appeal of his criminal conviction, not only the appeal but also all proceedings had in the prosecution from its inception are abated. United States v. Pauline, 625 F.2d 684 (5th Cir. 1980).

The defendant's attorney of record has filed a motion in this court, attached to which is a certified certificate of Cammara-ta’s death, praying for remand to the district court with directions to dismiss the indictment. In accordance with our ruling in Pauline,…