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UNITED STATES v. CAMMARATA

No. 83-1216.

721 F.2d 134 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Anthony CAMMARATA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 25, 1983.

Attorney(s) appearing for the Case

Terrence W. Kirk, Charles Burton, Court-appointed, Austin, Tex., for defendant-appellant.

Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

The defendant Cammarata appealed his criminal conviction to this court. Subsequent to his appeal, he died. When a defendant dies pending direct appeal of his criminal conviction, not only the appeal but also all proceedings had in the prosecution from its inception are abated. United States v. Pauline, 625 F.2d 684 (5th Cir.1980).

The defendant's attorney of record has filed a motion in this court, attached...

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