UNITED STATES of America v. Thomas DeMICHAEL. Patricia DeMichael, Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing general rule of abatement but declining to apply it where defendant’s appeal chal- lenged only his fine, not his conviction; court abated the fi- ne
• remanding to the district court with instructions to “abate” (i.e., vacate) only that element of the deceased defendant’s sentence challenged on appeal
• remanding to the district court with instructions to effectively vacate (i.e., “abate”) only that element of the deceased defendant’s sentence challenged on appeal
• denying defendantʹs 8 estateʹs motion for vacatur of his conviction where his brief on appeal stated that he 9 sought review only of an element of his sentence
• “An issue is waived unless a party raises it in its opening brief .... ” (citation omitted)
• “An issue is waived unless a party raises it in its opening brief, and for those purposes a passing reference to an issue will not suffice to bring that issue before this court.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).