USA v. Jose Gutierrez-Jacquez
UNPUBLISHED OPINION FILED. [10-50630 Affirmed, 10-50631 Affirmed] Judge: RHB , Judge: JLD , Judge: PRO. Mandate pull date is 04/01/2011 for Appellant Jose Alfredo Gutierrez-Jacquez [10-50630, 10-50631]
USA v. Jose Gutierrez-Jacquez Case: 10-50630
Document: 00511407584 Page: 1 Date Filed: 03/11/2011
Doc. 0 Att. 1
United States Court of Appeals
FIFTH C IR C U IT O FFIC E O F TH E C LER K LYLE W . C A YC E C LER K TEL. 504-310-7700 600 S. M A ESTR I PLA C E NEW O R LEA N S, LA 70130
March 11, 2011 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc
No. 10-50630 & 10-50631, USA v. Jose Gutierrez-Jacquez USDC No. 2:10-CR-443-1 USDC No. 2:09-CR-1587-1 --------------------------------------------------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) Mr. Henry Joseph Bemporad Mr. Joseph H. Gay Jr. Mr. Philip J. Lynch
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