FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
June 13, 2014
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 13-1375
(D.C. No. 1:11-CR-00338-WYD-1)
PAUL EUGENE BRAME, (D. Colo.)
Defendant - Appellant.
ORDER
Before LUCERO, HARTZ, and HOLMES, Circuit Judges.
The court was recently informed that the appellant in this matter, Paul
Eugene Brame, passed away on June 8, 2014. See Notice of Appellant’s Death,
No. 13-1375 (10th Cir., filed June 10, 2014). Accordingly, we DISMISS this
appeal as moot, see, e.g., United States v. Judd, 42 F. App’x 140, 141 n.1 (10th
Cir. 2002) (noting that a party’s appeal was “rendered moot by his death”), and
REMAND the case to the district court with instructions to vacate that portion of
the judgment imposing the challenged condition of supervised release. See
United States v. DeMichael, 461 F.3d 414, 417 (3d Cir. 2006) (remanding to the
district court with instructions to effectively vacate (i.e., “abate”) only that
element of the deceased defendant’s sentence challenged on appeal); United
States v. Butler, 48 F. App’x 630, 631 (9th Cir. 2002) (vacating sentence but not
conviction where the deceased defendant had appealed only his sentence). A
copy of this order shall stand as and for the mandate of this court.
Entered for the Court
ELISABETH A. SHUMAKER, Clerk
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