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U.S. v. ESTATE OF PARSONS

No. 01-50464.

367 F.3d 409 (2004)

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

United States Court of Appeals, Fifth Circuit.

April 16, 2004.

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 JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This case requires us to apply the doctrine of abatement ab initio to restitution and forfeiture orders where a criminal defendant dies while his appeal is pending. Concluding that, under the specific facts of this case, all consequences of the untested criminal conviction should abate, we DISMISS the appeal and REMAND with direction to VACATE the judgment of conviction and sentence, including the order of restitution, and to...

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