The new Fifth Circuit panel included Judges Davis, Clement, and Higginson.
IT IS ORDERED that petitioner Elroy Chester's motion for stay of execution is DENIED. His motion to recall mandate also is DENIED.
Pursuant to the court's opinion order of June 11, 2013, re-assigning the matter to us, cognizant of court authority under 5th Cir. R. 41.2, and having reviewed the record in this matter, all legal submissions, written and oral, as well as the court's earlier majority and dissenting opinions and their subsequent history, and in light of our court's earlier and later-reinforcing caselaw, we perceive no injustice, nor any incorrectness, in the affirmance of the district court's order denying habeas relief, and we correspondingly decline to exercise our discretion to recall mandate.
Earlier coverage of Elroy Chester's case begins at the link.