Johnny Joe Guerra v. United States
HabeasCorpus
Whether the Fifth Circuit erred when it did not recall the mandate in order to prevent an injustice relative to two unadjudicated claims in the district court?
QUESTION PRESENTED Whether the Fifth Circuit erred when it did not recall the mandate in order to prevent an injustice relative to two unadjudicated claims in the district court? ’ CONSTITUTIONAL PROVISION Fifth Amendment of the Federal Constitution provides that "Nor shall any person be deprived of life, liberty, or ; property, without Due Process of Law." : , . . I. JURISDICTIONAL STATEMENT , The Court of Appeals for the Fifth Circuit had jurisdiction over this matter to recall the mandate pursuant to 28 U.S.C. Section 1291; and -denied that application on April 26, 2018. (See Fifth Circuit Panel order and Clerk's ; Memorandum to parties,