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UNITED STATES v. OBERLIN

No. 82-1620.

718 F.2d 894 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Marcel Raymond OBERLIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1983.

As Amended on Denial of Rehearing October 4, 1983.

Attorney(s) appearing for the Case

Andrew E. Rubin, Los Angeles, Cal., Frank Ragen, San Diego, Cal., for defendant-appellant.

Raymond Edwards, Jr., Asst. U.S. Atty., Peter K. Nunez, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before POOLE, NELSON, and REINHARDT, Circuit Judges.

POOLE, Circuit Judge:

Marcel Raymond Oberlin, following a jury trial, was convicted of various counts of drug trafficking and of operating a continuing criminal enterprise. He was sentenced on October 18, 1982. Several hours later he committed suicide. On October 20 judgment was entered and, on the following day, a purported notice of appeal was filed on behalf of Oberlin. Upon a motion to abate Oberlin's prosecution, filed on the deceased's behalf by an attorney...

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