United States v. Sonny Wilcox, 783 F.2d 44

ORDER

It has come to this Court’s attention that appellant Sonny Wilcox died on June 9, 1985, subsequent to oral argument in this case and prior to the filing of the decision of this Court. Appellant’s Petition for Rehearing En Banc, p. 1.

Where a defendant in a criminal case dies while the case is pending on direct appeal, the case abates and the action must be remanded to the district court to dismiss the indictment. Durham v. United States, 401 U.S. 481, 483, 91 S.Ct. 858, 860, 28 L.Ed.2d 200 (1971); United States v. Toney, 527 F.2d 716, 720 (6th Cir.1975).

Accordingly, it is ORDERED that the previous decision and judgment of this Court is VACATED, and the case is REMANDED to the district court with instructions to dismiss the indictment.

Case Details

Case Name: United States v. Sonny Wilcox

Court Name: Court of Appeals for the Sixth Circuit

Date Published: Jan 10, 1986

Citations: 783 F.2d 44; 1986 U.S. App. LEXIS 21609; 83-3916

Docket Number: 83-3916

Court Abbreviation: 6th Cir.