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U.S. v. POGUE

No. 92-3192.

19 F.3d 663 (1994)

UNITED STATES of America, Appellee, v. Edward C. POGUE, III, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 1994.

Attorney(s) appearing for the Case

Allen E. Burns, Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender.

Elizabeth H. Danello, Assistant United States Attorney, argued the cause for appellee. With her on the brief were J. Ramsey Johnson, United States Attorney at the time the brief was filed and John R. Fisher, Assistant United States Attorney.

Before: EDWARDS, SILBERMAN and RANDOLPH, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Following his criminal conviction and sentence, but before his appeal could be heard by this court, the appellant, Edward C. Pogue, passed away. Appellant's counsel now moves that Pogue's appeal be dismissed as moot and that the case be remanded with instructions to vacate the judgment of conviction and dismiss the superseding information filed against Pogue. Because we find that the "abatement rule" applies...

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