United States v. Virgil Redmond

The motion of the defendant to designate a district judge to hear a petition to stay “imposition of sentence” is denied. This court has denied a motion to stay the mandate which was issued on January 5, 1978, and filed by the clerk of the district court on January 6, 1978. The district court has no power or authority to deviate from a mandate issued by the court of appeals. Briggs v. Pennsylvania Railroad Co., 334 U.S. 304, 306, 68 S.Ct. 1039, 92 L.Ed. 1403; see also Owensby v. Clark, 5 Cir., 451 F.2d 206, 208; United States v. Cato Brothers, Inc., 4 Cir., 273 F.2d 153, 157, and United States…