USA v. Lino Cabrera-Torre
UNPUBLISHED OPINION FILED. [16-50195 Affirmed ] Judge: PEH , Judge: EHJ , Judge: JES Mandate issue date is 04/03/2018 for Appellant Lino Cabrera-Torres [16-50195]
Date Filed: 03/12/2018
United States Court of Appeals
OFFICE OF THE CLERK
LYLE W. CAYCE
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
March 12, 2018
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Fifth Circuit Statement on Petitions for Rehearing
or Rehearing En Banc
USA v. Lino Cabrera-Torres
USDC No. 2:15-CR-860-1
--------------------------------------------------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
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
this information was given to your client, within the body of your
motion to withdraw as counsel.
Date Filed: 03/12/2018
LYLE W. CAYCE, Clerk
Dawn S. Eiserloh, Deputy Clerk
Mara Asya Blatt
Joseph H. Gay Jr.
John Anthony Peralta
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