Legal review · Links checked : the source is available · Scope & methodology
This record is not a citator check. Confirm later history and treatment before relying on it.
authority type
case
jurisdiction
federal_fifth_circuit
publication status
published_precedential_opinion
precedential status
binding_in_ca5
decision or issuance date
2010-03-08
subsequent history
Bounded public-source treatment review completed through 2026-08-26; no explicit adverse treatment located.
negative treatment status
No explicit adverse treatment located in a bounded public-source review through 2026-08-26; comprehensive commercial citator not run.
material limitations
Published precedential full opinion reviewed from a public court-document reproduction after the historical Fifth Circuit URL returned 404. Miller left survival open, arose in a restitution-offset posture, and expressly recognized that the contrary Ejelonu panel opinion had been vacated on rehearing en banc and its appeal dismissed.
Assuming audita querela survives, it requires a legal objection arising after judgment that cannot be raised through another postconviction remedy; purely equitable grounds are insufficient.
Material limitation
Binding only in the Fifth Circuit and only for the bounded procedural postures in the linked claims. Published precedential full opinion reviewed from a public court-document reproduction after the historical Fifth Circuit URL returned 404. Miller left survival open, arose in a restitution-offset posture, and expressly recognized that the contrary Ejelonu panel opinion had been vacated on rehearing en banc and its appeal dismissed. A comprehensive commercial citator was not run.