Opinion
No. CR-03-0256-WHA
February 2, 2004
KEVIN V. RYAN, for United States
ROSS W. NADEL Chief, Criminal Division
PATRICK D. ROBBINS, Assistant United States, San Francisco, California, for Plaintiff
UNITED STATES' MOTION TO DECLARE PROSECUTION ABATED DUE TO DEFENDANT'S DEATH
On September 30, 2003, defendant Robert Eugene Peyre pleaded guilty to a one count Information charging him with mail fraud in violation of 18 U.S.C. § 1341. His sentencing is scheduled for February 3, 2004.
Mr. Peyre died on December 18, 2003. A copy of the Certificate of Death from Alameda County Department of Health is attached. The United States therefore requests that the Court vacate the scheduled sentencing hearing and declare the prosecution abated. See United States v. Oberlin, 718 F.2d 894 (9th Cir. 1983) (death of defendant prior to entry of judgment abates all proceedings ab intio) (citations omitted).
ORDER
Upon consideration of the United States' motion to declare prosecution abated due to death of the defendant, it is hereby
ORDERED, that the prosecution is abated and dismissed; and it is FURTHER ORDERED, that the sentencing hearing set for February 3, 2004, is VACATED. Oberlin, 718 F.2d 894 (9th Cir. 1983) (death of defendant prior to entry of judgment abates all proceedings ab intio) (citations omitted).
ORDER
Upon consideration of the United States' motion to declare prosecution abated due to death of the defendant, it is hereby
ORDERED, that the prosecution is abated and dismissed; and it is FURTHER ORDERED, that the sentencing hearing set for February 3, 2004, is VACATED.