U.S. Court of Appeals for the Fifth Circuit, 1972

United States v. Samuel Siano and Otis Thurmond Curry

U.S. Court of Appeals for the Fifth Circuit · Decided July 11, 1972 · Thornberry, Coleman, Ingraham

463 F.2d 778; 1972 U.S. App. LEXIS 8492 (Federal Reporter, Second Series)

Counsel

Angelo A. Ali, Miami, Fla., for Siano. Richard Gale, Louis K. Lesperance, Miami, Fla., for defendants-appellants., Robert W. Rust, U. S. Atty., Charles O. Farrar, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

United States v. Schumann ex rel. Estate of Schumann (11th Cir. 1988)

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Opinion

BY THE COURT:

It has been made known to the Court as a fact, supported by the official death certificate of the State of Florida, that appellant, Samuel Siano, in the above styled and numbered cause died in Hollywood, Florida on May 14, 1972. Since a criminal prosecution abates ab initio upon the death of appellant, the case must be remanded with directions to the district court to vacate the judgment and dismiss the indictment as to appellant Siano. Durham v. United States, 1971, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200; United States v. Askew, 5 Cir. 1971, 441 F.2d 258.

Reversed and remanded.

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