United States v. Tollie Roberts

892 F.2d 84 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Tollie ROBERTS, Defendant-Appellant. No. 89-30031. United States Court of Appeals, Ninth Circuit. Submitted Nov. 8, 1989. Decided Dec. 18, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. ORDER 1 Tollie Roberts pled guilty to a violation of the Lacey Act, 16 U.S.C. §§ 3372 (a)(2)(A), 3373(d)(1)(B) and 18 U.S.C. § 2 . He filed a timely notice of appeal, asserting that the district court did not have a sufficient factual basis under Fed.R.Crim.P. 11(f) to take his plea. On August 25, 1989, during the pendency of this appeal, Roberts died. Roberts' attorney has now filed a motion to abate the prosecution on his behalf, to which he has attached a copy of Roberts' death certificate. 2 Death pending an appeal of a criminal conviction "abates not only the appeal but all proceedings in the prosecution from its inception." United States v.…