IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20175
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARY ARTHUR,
Defendant-Appellant.
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Appeal from the United States District Court for
the Southern District of Texas
(CR-H-94-120-4)
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November 17, 1995
Before POLITZ, Chief Judge, REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
Gary Arthur appealed his criminal conviction to this court.
Subsequent to his appeal, he died. “When a defendant dies
pending direct appeal of his criminal conviction, not only the
appeal but also all proceedings had in the prosecution from its
inception are abated.” United States v. Cammarata, 721 F.2d 134
(5th Cir. 1983).
*
Local rule 47.5 provides: “The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession.” Pursuant to that Rule, the Court has determined
that this opinion should not be published.
We have been provided Arthur’s death certificate. Arthur’s
attorney has filed a motion to dismiss the appeal based upon
Cammarata. The government agrees. Therefore, the motion is
granted, the appeal is dismissed as moot, and the case is
remanded with directions to the District Court to vacate the
judgment and dismiss the superseding indictment in United States
v. Arthur, Docket No. CR-H-94-120-4, United States District
Court, Southern District of Texas, Houston Division.
REMANDED WITH DIRECTIONS.
2