Is it necessary for a federal district judge to agree with an appellate court ruling that the mandate is enforceable?
MultiRegion, United States of America
The following excerpt is from United States v. Sawyer, 907 F.3d 121 (2nd Cir. 2018):
It is not unheard of for a district judge to disagree with an appellate ruling. But it is not necessary that a district judge should endorse our decisions. The mandate rule only "compels compliance." United States v. Ben Zvi, 242 F.3d 89, 95 (2d Cir. 2001) (internal quotation marks omitted). The district judge in this matter may have complied under protest, but she complied nevertheless. It was doubted, but it was done.
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