United States v. Mcmaryion

Case: 22-50892 Document: 97-1 Page: 1 Date Filed: 04/23/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-50892

FILED April 23, 2024 ____________

Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Nolyn Wayne Mcmaryion,

Defendant—Appellant, consolidated with _____________

No. 22-50894 _____________

United States of America,

Plaintiff—Appellee, versus

Nolyn McMaryion,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC Nos. 7:22-CR-86-1, 7:17-CR-233-1 Case: 22-50892 Document: 97-1 Page: 2 Date Filed: 04/23/2024

______________________________ Before Higginbotham, Smith, and Higginson, Circuit Judges.

Per Curiam: *

Attorney Susan J. Clouthier, representing appellant Nolyn Wayne McMaryion, has informed the Court by suggestion of death, that appellant McMaryion died in Beaumont, Texas, on April 15, 2024. Based on this information:

IT IS ORDERED that the appeal is abated and dismissed as moot. We assume that the district court, in due course, will take appropriate action to abate and dismiss the proceedings in that court. See United States v. Cammarata, 721 F.2d 134 (5th Cir. 1983) (“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. Pauline, 625 F.2d 684, 685 (5th Cir. 1980).