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UNITED STATES v. PAULINE

No. 78-5701.

625 F.2d 684 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Rick PAULINE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 12, 1980.

Attorney(s) appearing for the Case

Bernard H. Dempsey, Jr., A. Thomas Mihok, Orlando, Fla., for defendant-appellant.

Manuel Menendez, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before JONES, BROWN and RUBIN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

When a defendant dies pending direct appeal of his criminal conviction it for many years has been the unanimous view of the lower federal courts1 and the vast majority of state courts2 that not only the appeal but also all proceedings had in the prosecution from its inception are abated. In years past, we followed that rule of abatement ab initio: we dismissed the appeal...

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