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U.S. v. DEMICHAEL

No. 04-1936.

461 F.3d 414 (2006)

UNITED STATES of America v. Thomas DeMICHAEL. *Patricia DeMichael, Appellant. *(Pursuant to Court Order dated 7/17/06).

United States Court of Appeals, Third Circuit.

Filed August 29, 2006.

As Amended September 28, 2006.

Attorney(s) appearing for the Case

Mary Gibbons, [Argued], Toms River, NJ, for Appellant.

George S. Leone, Mark E. Coyne, [Argued], Office of the U.S. Attorney, Newark, NJ, for Appellee.

Before SLOVITER, McKEE and RENDELL, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Thomas DeMichael died after he filed a timely appeal from the sentence imposed as a result of his conviction on federal gambling charges. Although DeMichael appealed only his fine and not his conviction, his personal representative, Patricia DeMichael, moves to abate his conviction along with the fine, and to remand his case to the District Court for dismissal of his indictment. Although presented in a motion...

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