United States v. Juan Castillo-Rivera

JERRY E. SMITH, Circuit Judge,

dissenting, joined by DENNIS, PRADO, GRAVES, HIGGINSON, and COSTA, Circuit Judges, in full; and joined except for footnote 2 by SOUTHWICK, Circuit Judge:

The baseball legend Yogi Berra is credited with the unintentionally humorous statement, “When you come to a fork in the road, take it.”1 By refusing, in a terse footnote, to address the rule of orderliness, this en banc majority declines to follow Yogi’s sage advice. I respectfully dissent.2

The panel opinion,3 two paragraphs long, relied on Nieto Hernandez v. Holder, 592 F.3d 681, 686 (5th Cir. 2009), which held…