John Elwood Tyrone Martin v. United States
HabeasCorpus
Whether the mandate rule permits federal appellate courts to review motions to withdraw guilty pleas filed after a case is remanded for resentencing
by his appeal were not previously considered by the Fourth Circuit. See Ex. A at 2-3. 7. This case presents an important question about application of the mandate rule in the district courts and federal appellate courts, one which the Fourth Circuit answered incorrectly by dismissing Mr. Martin’s appeal. 8. Moreover, Mr. Martin has paid close attention to his case and gone to great lengths to preserve issues for appellate review, including with pro se filings designed to preserve his rights and flag issues for the appellate courts. See 4th Cir. No. 24-4433, DE 27 at 13. Besides being an incorrect application of the mandate rule, it was contrary to the interests of justice for the Fourth Circuit to summarily di