BAUER, Circuit Judge.
Following a jury trial, defendant-appellant Moehlenkamp was convicted of one count of conspiracy to distribute controlled substances and of several counts of distributing controlled substances in violation of 21 U.S.C. § 841(a)(1).
After taking an appeal from his convictions pursuant to 28 U.S.C. § 1291, Moehlenkamp died before we were able to decide the merits of his appeal. Relying on Durham v. United States,
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