United States v. Devila , 216 F.3d 1009 ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
_________________________ ELEVENTH CIRCUIT
FEB 20 2001
98-4374-HH THOMAS K. KAHN
_________________________ CLERK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BLADIMIR DEVILA,
AVERY LIGHTBORNE,
ET AL.,
Defendants-Appellants.
-------------------------
On Appeal from the United States District Court for the
Southern District of Florida
--------------------------
BEFORE: HILL, COX, and MESKILL*, Circuit Judges.
BY THE COURT:
The Court DISMISSES the appeal as to Appellant Rauldino Rivera
upon the suggestion 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.
*
The Honorable Thomas J. Meskill, U.S. Circuit Judge for the Second
Circuit, sitting by designation.
The Clerk is directed to PUBLISH this order.
-2-