Sentencing - restitution -- rule of abatement.

Byline: WISCONSIN LAW JOURNAL STAFF

U.S. Court of Appeals for the 7th Circuit

Criminal

Sentencing - restitution -- rule of abatement

A restitution order that is part of a criminal judgment does not survive when the defendant dies before his appeal can be resolved.

"The rule of abatement terminates criminal proceedings ab initio, 'vacating the conviction entered against (the defendant].' Moehlenkamp, 557 F.2d at 128; Logal, 106 F.3d at 1552 ('Under the doctrine of abatement ab initio ... the defendant stands as if he never had been indicted or convicted. The absence of a conviction precludes imposition of the restitution order against (defendant] or his estate pursuant to s. 3663.') (citation and quotation marks omitted). The fact that criminal...