United States v. Jesus Montalvo Davila

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals No. 16-20081 Fifth Circuit

FILED June 20, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee

v.

JESUS LEONARDO MONTALVO DAVILA, also known as Jesus Montalvo, also known as Jesus L. Montalvo,

Defendant - Appellant

Appeal from the United States District Court for the Southern District of Texas

Before BARKSDALE, GRAVES, and COSTA, Circuit Judges. PER CURIAM: The panel sua sponte grants rehearing of its opinion dated May 16, 2018. This has the effect of vacating that decision, including the reappointment of the Federal Public Defender and the grant of leave to file an out-of-time petition for panel rehearing. The motion to recall the mandate and the related motions will be held in abeyance by the panel pending, inter alia, action of the Supreme Court on the petition for a writ of certiorari in No. 17-1445, United States v. Herrold.