Legal Opinion

United States v. Bennie D. Emeary, Jr.

Court of Appeals for the Fifth Circuit

Decided July 23, 2015No. 09-40529PublishedCited by 2 opinions

1Opinion of the Court

JAMES L. DENNIS, Circuit Judge, in chambers:

“The Supreme Court has recognized that courts o'f appeals have an inherent power to recall their mandates.” Goodwin v. Johnson, 224 F.3d 450, 459 (5th Cir.2000) (citing Calderon v. Thompson, 523 U.S. 538, 549, 118 S.Ct. 1489, 140 L.Ed.2d 728 (1998)). “Our authority to recall our mandate is clear.” . United States v. Tolliver, 116 F.3d 120, 123 (5th Cir.1997). “Nonetheless, the Supreme Court has instructed that we may exercise that power only upon a showing of ‘extraordinary circumstances.’ ” United States v. Fraser, 407 F.3d 9, 10 (1st Cir.2005)…

2Cases cited22 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. Johnson v. United StatesSupreme Court of the United States · 2015
  4. Smith v. RobbinsSupreme Court of the United States · 2000
  5. Calderon v. ThompsonSupreme Court of the United States · 1998

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3Cited by2 opinions

  1. United States v. Michael HerroldCourt of Appeals for the Fifth Circuit · 2018
  2. United States v. Jesus Montalvo DavilaCourt of Appeals for the Fifth Circuit · 2018

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