ORDER AND JUDGMENT *

On appeal, Defendant-Appellant Kevin Leroy Rice contended that there was insufficient evidence to support his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). *582 While the appeal was pending and after oral argument, however, the warden of the prison where Mr. Rice was incarcerated informed this court that Mr. Rice has died. “[Djeath pending direct review of a criminal conviction abates not only the appeal but also all proceedings had in the prosecution from its inception.” United States v. Davis, 958 F.2d 1482, 1486 (10th Cir. 1992) (quoting Durham v. United States, 401 U.S. 481, 483, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971) (per curiam) (footnote omitted) overmled on other grounds, Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976) (per curiam)); see also United States v. Sloan, 26 Fed.Appx. 890 (10th Cir. 2002) (unpublished) (remanding case, with directions to vacate the judgment and dismiss the underlying indictment, where appellant died pending the direct appeal of his sentence).

Accordingly, this case is REMANDED "to the district court with directions to VACATE the judgment of conviction and DISMISS the underlying indictment. 1