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242 F.3d 995

Docket No. 98-4374.

United States v. Devila

Eleventh Circuit Court of Appeals

Decided Feb. 20, 2001.

Eleventh Circuit Court of Appeals · decided 2001-02-20

Cited by 8 later decisions — most recently August 2006

8 federal appellate ·

2 counsel of record

Relies on United States v. Schumann ex rel. Estate of Schumann

Good law ✅— No negative treatment on recordhow we know

Decided 2001-02-20

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¶1Philip Robert Horowitz, Law Office of Philip R. Horowitz, Miami, FL, Richard L. Rosenbaum, Law Offices of Richard L. Rosenbaum, Ft. Lauderdale, FL, Richard C. Klugh, Richard J. Lautenbach, Fed. Pub. Def., Marcia J. Silvers (Court-Appointed), Thomas F. Almon (Court-Appointed), Miami, FL, for Defendants-Appellants.

¶2Kathleen M. Williams, Fed. Pub. Def., Christopher Clark, Robert Cornell, Asst. U.S. Atty., Evelio Yera, Miami, FL, for Plaintiff-Appellee.

¶3Before HILL, COX and MESKILL*, Circuit Judges.

¶5BY THE COURT:

¶6The Court DISMISSES the appeal as to Appellant Rauldino Rivera upon the sug-*996gestión of death filed by his counsel. The Court VACATES the judgment of conviction below as to Appellant Rivera, and REMANDS Appellant Rivera’s case to the District Court with instructions to dismiss the indictment against him. See U.S. v. Schumann, 861 F.2d 1234 (11th Cir.1988). On its own motion, the Court VACATES its June 27, 2000, opinion as to Appellant Rivera. The appeals of the remaining Appellants shall be unaffected by this order.

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