Opposition — Ellison v. United States

#"~ Supreme Court, U. S.

FILED

No. 77-137 Betis Seret ects

In the Supreme Court of the Hnited States

OcTOBER TERM, 1977

WAYNE EARL ELLISON, PETITIONER

Vv.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE SEVENTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES

IN OPPOSITION

WapDE H. McCreE, JrR..,

Solicitor General,

Department of Justice,

Washington, D.C. 20530.

In the Supreme Court of the United States

OcTOBER TERM, 1977

No. 77-137

WAYNE EARL ELLISON, PETITIONER

Vv.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE SEVENTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES

IN OPPOSITION

Petitioner was convicted of conspiracy to distribute and

distribution of controlled substances, in violation of 21

U.S.C. 841(a)(1). The court of appeals affirmed on June

29. 1977. The petition for a writ of certiorari was filed on

July 25, 1977. Petitioner died at Evansville, Indiana, on

October 14, 1977. Accordingly, the petition for a writ of

certiorari should be dismissed. Dove v. United States, 423

U.S. 325.

Respectfully submitted.

Wape H. McCree, Jr.,

Solicitor General.

NOVEMBER 1977.

DOJ-1977-10

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