USA v. Elizz Garcia

Filing

UNPUBLISHED OPINION FILED. [09-10797 Affirmed ] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 11/29/2010 for Appellant Elizz Garcia; granting motion to supplement the record on appeal filed by Appellee USA [6593354-2]; granting motion for summary affirmance filed by Appellee USA [6426084-3]; mooting motion to extend time to file appellee's brief filed by Appellee USA [6426084-4]; mooting motion to dismiss appeal filed by Appellee USA [6426084-2] [09-10797]

USA v. Elizz Garcia Case: 09-10797

Document: 00511287192 Page: 1 Date Filed: 11/08/2010

Doc. 0 Att. 1

United States Court of Appeals
F IF T H C IR C U IT O F F I C E O F TH E C L E R K LYLE W . CAYCE CLERK T E L . 504-310-7700 6 0 0 S. M A E S T R I PLA C E N E W O R L E A N S , LA 70130

November 08, 2010 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc

No. 09-10797, USA v. Elizz Garcia USDC No. 4:09-CR-30-1 --------------------------------------------------Enclosed is a copy of the court's decision. The court has entered judgment under FED. R. APP. P. 36. (However, the opinion may yet contain typographical or printing errors which are subject to correction.) FED. R. APP. P. 39 through 41, and 5T H CIR. RULES 35, 39, and 41 govern costs, rehearings, and mandates. 5T H CIR. RULES 35 and 40 require you to attach to your petition for panel rehearing or rehearing en banc an unmarked copy of the court's opinion or order. Please read carefully the Internal Operating Procedures (IOP's) following FED. R. APP. P. 40 and 5T H CIR. R. 35 for a discussion of when a rehearing may be appropriate, the legal standards applied and sanctions which may be imposed if you make a nonmeritorious petition for rehearing en banc. Direct Criminal Appeals . 5T H CIR. R. 41 provides that a motion for a stay of mandate under FED. R. APP. P. 41 will not be granted simply upon request. The petition must set forth good cause for a stay or clearly demonstrate that a substantial question will be presented to the Supreme Court. Otherwise, this court may deny the motion and issue the mandate immediately. Pro Se Cases . If you were unsuccessful in the district court and/or on appeal, and are considering filing a petition for certiorari in the United States Supreme Court, you do not need to file a motion for stay of mandate under FED. R. APP. P. 41. The issuance of the mandate does not affect the time, or your right, to file with the Supreme Court. Sincerely, LYLE W. CAYCE, Clerk By:_________________________ Joseph M. Armato, Deputy Clerk 504-310-7651 Enclosures Mr. William Reynolds Biggs Mr. James Wesley Hendrix

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