# United States v. Licavoli, Cisternino and Carabbia, 799 F.2d 752 (6th Cir. 1986): order after James Licavoli's death

Canonical: https://mobfiles.org/items/courtlistener-us-v-licavoli-799-f2d-752/

Unpublished Sixth Circuit order of July 31, 1986. Because James T. Licavoli died while his appeal was pending, the court vacates its earlier dismissal of his appeal and remands for the indictment against him to be dismissed.

United States Court of Appeals for the Sixth Circuit, order of July 31, 1986, before Circuit Judges Engel and Milburn and Senior Circuit Judge Contie. The caption names the appellants as "James T. LICAVOLI, aka, Jack White; Pasquale Cisternino, aka, Butchie; Ronald Carabbia."

The order is three short paragraphs. On January 28, 1986 the court had granted the Government's motion to dismiss the appeal as to Licavoli "in light of his demise." The order then states the rule that "Where a defendant in a criminal case dies while the case is pending on direct appeal, the case abates and the action must be remanded to the district court to dismiss the indictment," citing Durham v. United States. It vacates the dismissal, reinstates the case on the docket and remands "for dismissal of the indictment."

The order does not say what the indictment charged or which district court tried the case, and it does not mention Danny Greene. It is filed in the Irish gangs section only because Licavoli is the lead appellant in the separate Sixth Circuit opinion on the 1977 killing of Greene, United States v. Licavoli, 725 F.2d 1040 (6th Cir. 1984), which this archive files with its Cleveland records, and because that opinion records that Cisternino and Carabbia were convicted of the killing in state court. Nothing on this page should be read as saying the two appeals arise from the same indictment.

## Sources

- CourtListener (Free Law Project), text of the order: https://www.courtlistener.com/opinion/475381/united-states-v-james-t-licavoli-aka-jack-white-pa/