United States v. Winkelman

OPINION SUR MOTIONS TO RECALL MANDATE

NYGAARD, Circuit Judge.

Presently before the Court are motions by pro se Appellants George A. Winkelman and John F. Winkelman, Jr., to recall our mandate and to reinstate their direct appeals so they can try to seek relief under the Supreme Court’s recent holding in Alleyne v. United States, — U.S.-, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013). We asked the Government to file a response to these motions, which it has done.

The brothers Winkelman have a long and protracted litigation history in this Circuit, which we need not relate in detail. It suffices to say…