Opinion · Court of Appeals for the Fifth Circuit

United States v. Holt

United States v. Holt, 650 F.2d 651 (5th Cir. 1981)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1981-07-13
Topic
general

How later courts describe this case

  • conviction of defendant Holt mooted by his death

Citator

UpLaw has not yet analyzed United States v. Holt. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
18 opinions
UNITED STATES v. HOLT,650 F.2d 651(5th Cir. 1981)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. JOHN ALAN HOLT, ROSARIO
PALERMO, WILLIAM H. BROWN, A/K/A BILL, JOHN D. FISHER, ROBERT D. YOUNG,
JOSEPH MACALUSO, A/K/A JOE, FRANK SCIONTI, JOHN NICHOLAS LOSTRACCO, SAM C.
MARTINO, PAUL GUARINO, JIMMY FARINA, BERTON B. CHASE, A/K/A BERT, ROLANDO
GONSALEZ RODRIGUEZ, A/K/A ROLAND RODRIGUEZ, JOSEPH D. LAZZARA, A/K/A JOE,
JOSEPH C. RUSSELLO, A/K/A JOE, AND AMALIA MORGADO, DEFENDANTS-APPELLANTS.
No. 78-5260.
United States Court of Appeals, Fifth Circuit.
July 13, 1981.
Gary L. Betz, U.S. Atty., Jacksonville, Fla., Eleanor J. Hill, Sp. Atty., Dept. of Justice, Crim. Div., Tampa, Fla., Sara Criscitelli, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

William B. Plowman, Tampa, Fla., for Farina.

Mark J. Kadish, Edward T. M. Garland, Atlanta, Ga. (Court-appointed), for Brown.

Peter N. Macaluso, Tampa, Fla., for Rodriguez.

Barry A. Cohen, Richard G. Pippinger, Tampa, Fla., for Lazzara.

Raymond E. LaPorte, Tampa, Fla., for Rusello.Page 652

Michael Addison, Tampa, Fla. (Court-appointed), for Morgado.
Appeal From the United States District Court for the Middle District of Florida; Wm. Terrell Hodges, District Judge.
Before TUTTLE, VANCE and POLITZ, Circuit Judges.
BY THE COURT:
[1] It has been made known to the Court as a fact, supported by the official death certificate of the state of Florida, that JOHN ALAN HOLT, one of the co-appellants herein, died in Tampa, Florida on April 23, 1981. The decision of this Court as to JOHN ALAN HOLT,648 F.2d 367, is reconsidered and his appeal is dismissed as moot, and his cause is remanded with directions to the district court to vacate the judgment and dismiss the indictment as against him.United States v. Pauline,625 F.2d 684(5th Cir. 1980).