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U.S. v. DAVILA

No. 16-20081 Summary Calendar.

890 F.3d 583 (2018)

UNITED STATES of America, Plaintiff-Appellee v. Jesus Leonardo Montalvo DAVILA, also known as Jesus Montalvo, also known as Jesus L. Montalvo, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED May 16, 2018.

Attorney(s) appearing for the Case

John A. Reed , Carmen Castillo Mitchell , Assistant U.S. Attorneys, U.S. Attorney's Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Michael Lance Herman , Scott Andrew Martin , Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, for Defendant-Appellant.

Before BARKSDALE, GRAVES, and COSTA, Circuit Judges.

Defendant-Appellant Jesus Montalvo Davila moves to recall the mandate and for leave to file an out-of-time petition for panel rehearing in light of United States v. Herrold, 883 F.3d 517 (5th Cir. 2018) (en banc). In addition, the Federal Public Defender moves to be reappointed...

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