UNITED STATES of America, Plaintiff-Appellee, v. George Lewis SLOAN, Defendant-Appellant, 26 F. App'x 890

ORDER AND JUDGMENT PER CURIAM. On appeal, George Lewis Sloan contended that the district court erred in re-calculating his sentence after remand from this court. While the appeal was pending, however, Mr. Sloan died. “[Djeath pending direct review of a criminal conviction abates not only the appeal but also all proceedings had in the prosecution from its inception.’ ” United States v. Davis, 953 F.2d 1482, 1486 (10th Cir.1992) (quoting Durham v. United States, 401 U.S. 481, 483, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971) (per curiam), overruled on other grounds, Dove v.

United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976) (per curiam)). Accordingly, the case is remanded to the district court with directions to vacate the judgment of conviction and dismiss the underlying indictment. See id. The mandate shall issue forthwith. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court general disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.