United States v. Mendez ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 91-7685
UNITED STATES OF AMERICA,
Petitioner - Appellee,
versus
RAPHAEL MENDEZ,
Respondent - Appellant.
On Petition to Recall the Mandate.
Submitted: January 23, 1996 Decided: April 15, 1996
Before RUSSELL, Circuit Judge, and BUTZNER, Senior Circuit Judge.*
Denied by unpublished per curiam opinion.
Raphael Mendez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
_________________________
* Senior Judge Sprouse participated in the consideration of the
original appeal but retired prior to the time of this decision.
The decision is filed by a quorum of the panel. 28 U.S.C. § 46(d).
PER CURIAM:
The district court for the Eastern District of North Carolina
committed Raphael Mendez to the Federal Correctional Institute in
Butner, North Carolina, under 18 U.S.C. § 4246. Mendez has
petitioned this court to recall the mandate we issued in United
States v. Mendez, No. 91-7685 (4th Cir. July 9, 1992), in which we
affirmed the district court's order. We decline to exercise our
power to recall in these circumstances and deny Mendez's petition.
If Mendez wishes to challenge his on-going commitment, he should
file a new petition for a writ of habeas corpus in the district
court for the Eastern District of North Carolina.
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