Fifth Circuit

The Judicial Exception: A Mandate, A Mortgage and a Prisoner

Randy Dewayne Pittman appeals his sentence of 51 months in prison, imposed following his guilty plea conviction of possession of a firearm by a convicted felon and this court’s remand to the district court to correct the term of supervised release.

A man walks into “the bar” with a firearm….

HAYNES, CATHARINA

GRAVES, JAMES E. (JR)

DAVIS, W. EUGENE

Randy Dewayne Pittman appeals his sentence of 51 months in prison, imposed following his guilty plea conviction of possession of a firearm by a convicted felon and this court’s remand to the district court to correct the term of supervised release. See United States v. Pittman, 698 F. App’x 175, 176 (5th Cir. 2017).

The Government contends that Pittman’s argument is barred under the mandate rule by this court’s order on remand.

We agree. Although the mandate rule is one of judicial discretion and there can be exceptions, the exceptions do not apply in the instant matter. See United States v. Pineiro, 470 F.3d 200, 205-06 (5th Cir. 2006); United States v. Lee, 358 F.3d 315, 320-21 (5th Cir. 2004), cf. Deutsche Bank National Trust Co. v. Burke, 902 F.3d 548, 551 (5th Cir. 2018).

The judgment of the district court is AFFIRMED. The motion to expedite the appeal is DENIED as moot.

Panel Consists of : Haynes, Graves & Davis

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The Judicial Exception: A Mandate, A Mortgage and a Prisoner
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