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U.S. v. CHRISTOPHER

No. 98-6504.

273 F.3d 294 (2001)

UNITED STATES of America, v. Andrew Anthony CHRISTOPHER, a/k/a Tony Christopher, a/k/a Andreas Christopherous, Carol Christopher, personal representative of Andrew Anthony Christopher, deceased, Carol Christopher, personal representative of Andrew Anthony Christopher, deceased, Appellant.

United States Court of Appeals, Third Circuit.

Filed: November 20, 2001.

Attorney(s) appearing for the Case

Mark A. Berman (Argued), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Counsel for Appellant.

George S. Leone (Argued), Chief, Appeals Division, Robert J. Cleary, United States Attorney, Newark, NJ, Counsel for Appellee.

Before: BECKER, Chief Judge, McKEE and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, we hold that when a convicted defendant dies after filing an appropriate appeal but before it is adjudicated, the conviction is abated and the indictment will be dismissed. If restitution has been directed, however, that order will not abate and the personal representative of the deceased defendant may prosecute the appeal on that phase of the case.

Defendant Christopher was convicted after...

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