USA v. Ashton O'Dwyer, Jr.


UNPUBLISHED OPINION FILED. [10-30701 Affirmed] Judge: TMR , Judge: JWE , Judge: JEG. Mandate pull date is 10/18/2011; denying as moot motion for disclosure of the identities of the panel to whom the case is assigned filed by Appellee Mr. Ashton R O'Dwyer, Jr. [6907167-2], denying as moot motion to advise if Judges Dennis or Smith or members of their staff have anything to do with this case filed by Appellee Mr. Ashton R O'Dwyer, Jr. [6907167-3], denying as moot motion for disqualification and/or recusal of the judges of this court from presiding over these proceedings, to disqualify Stephen A. Higginson, Assistant United States Attorney, to dismiss the indictment and motion for Stephen Higginson to account for his whereabouts on September 20, 2005, filed by Appellee Mr. Ashton R O'Dwyer, Jr. [6854458-3] [10-30701]

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Case: 10-30701 Document: 00511614732 Page: 1 Date Filed: 09/27/2011 United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130 September 27, 2011 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc No. 10-30701, USA v. Ashton O'Dwyer, Jr. USDC No. 2:10-CR-34-1 --------------------------------------------------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 5TH CIR. RULES 35, 39, and 41 govern costs, rehearings, and mandates. 5TH 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 5TH 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. 5TH 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:_________________________ Jamei R. Cheramie, Deputy Clerk Enclosure(s) Ms. Diane Hollenshead Copes Mr. Stephen Andrew Higginson Mr. Gregory Martin Kennedy Mr. Ashton R O'Dwyer Jr. Mrs. Virginia Laughlin Schlueter Ms. Robin Elise Schulberg

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