Dead Men Serve No Time

One of America's most notable convicted-but-not-yet-sentenced men, Ken Lay, died yesterday. This, obviously, precludes the Government from incarcerating what's left of him. What I didn't think of until I read this post over at the White Collar Crime Blog is what happens to Lay's conviction? According to WCCB, Lay, probably, will be laid to rest as an innocent man because he had no opportunity to challenge his conviction. That's based largely on Fifth Circuit law - I wonder if there's a split out there on this issue? I can't imagine the Fourth letting some dead con get away with something like that.