USA v. Ray Holmes, Jr.


UNPUBLISHED OPINION FILED. [16-30170 Affirmed 16-30173 Affirmed 16-30178 Affirmed 16-30181 Dismissed as Moot] Judge: PEH, Judge: ECP, Judge: CH. Mandate pull date is 02/24/2017 for Appellants Ray L. Holmes Jr., Ralphael Cassiberry, Tarnasha Harden and Jeremiah J. Scott [16-30170, 16-30173, 16-30178, 16-30181]

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Case: 16-30170 Document: 00513862364 Page: 1 Date Filed: 02/03/2017 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 February 03, 2017 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc Nos. 16-30170 16-30173 16-30178 16-30181 USA v. Ray Holmes, Jr. USDC No. 5:15-CR-62-3 USDC No. 5:15-CR-62-8 USDC No. 5:15-CR-62-5 USDC No. 5:15-CR-62-1 --------------------------------------------------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. R.s 35, 39, and 41 govern costs, rehearings, and mandates. 5TH CIR. R.s 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. Court Appointed Counsel. Court appointed counsel is responsible for filing petition(s) for rehearing(s) (panel and/or en banc) and writ(s) of certiorari to the U.S. Supreme Court, unless relieved of your obligation by court order. If it is your intention to file a motion to withdraw as counsel, you should notify your client promptly, and advise them of the time limits for filing for rehearing and certiorari. Additionally, you MUST confirm that Case: 16-30170 Document: 00513862364 Page: 2 Date Filed: 02/03/2017 this information was given to your client, within the body of your motion to withdraw as counsel. Sincerely, LYLE W. CAYCE, Clerk By: _______________________ Allen C. McIlwain, Deputy Clerk Enclosure(s) Ms. Ms. Mr. Mr. Mr. Patricia Ann Gilley Carol Mignonne Griffing Douglas Lee Harville Ross Edward Shacklette James Craig Stevens

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