United States v. Pleau

TORRUELLA, Circuit Judge, with whom THOMPSON, Circuit Judge,

joins, dissenting.

I respectfully dissent from the denial of the motion to stay the issuance of the mandate in this case. Federal Rule of Appellate Procedure 41(d)(2)(A) permits this Court to stay a mandate pending the filing of a petition for certiorari if the petition would “present a substantial question” and if there is “good cause for a stay.” The inquiry contemplated by this rule “focuses on whether the applicant has a reasonable probability of succeeding on the merits and whether the applicant will suffer irreparable injury.”…