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U.S. v. ESTATE OF PARSONS

No. 01-50464.

314 F.3d 745 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. ESTATE OF Andrew Clyde PARSONS as Represented by its Independent Executor, Patrick D. Millar, Appellant.

United States Court of Appeals, Fifth Circuit.

December 11, 2002.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Joseph A. Florio, San Antonio, TX, for Plaintiff-Appellee.

David L. Botsford, Law Office of David L. Botsford, Austin, TX, Herbert V. Larson, Jr. (argued), New Orleans, LA, for Appellant.

Before KING, Chief Judge, and JONES and EMILIO M. GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Juries have twice found Parsons guilty of federal arson, mail fraud, and money laundering. Parsons died while his second appeal was pending before this Court. We hold that Parsons's Estate is not entitled to a return of the criminal forfeiture he paid the government before his death. More problematically, we are compelled by the current law of this circuit to conclude that Parsons's restitution order does not abate due to his death,...

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