Harvey v. United States

NEBEKER, Associate Judge:

The appellant in this case died of congestive heart failure while a direct appeal from his conviction was pending in this court. Counsel for appellant has moved this court for reversal of appellant’s conviction and dismissal of the indictment. We direct the clerk to strike the motion as *37improvidently filed, because counsel for appellant has no standing to file a motion on behalf of the deceased appellant. The government has filed a suggestion of death. We dismiss the appeal.

On the basis of Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976), we…