United States v. Parsons

DENNIS, Circuit Judge, joined by PATRICK E. HIGGINBOTHAM, W. EUGENE DAVIS, WIENER, BENAVIDES, and CARL E. STEWART, Circuit Judges,

dissenting in part and specially concurring in part:

I respectfully disagree with the majority’s decision to (1) overrule our long-stand*419ing circuit precedents of United States v. Mmahat, 106 F.3d 89 (5th Cir.1997) and United States v. Asset, 990 F.2d 208 (5th Cir.1993),1 which held that a restitution *420order, because it is compensatory rather than punitive, does not abate with the defendant’s criminal conviction and punishment when he dies while his appeal is pending;…