UNITED STATES v. PITTMAN (2018)

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.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.