---
title: "United States v. Franco"
citation: "973 F.3d 465 (5th Cir. 2020)"
authority_id: "AUTH-CA5-FRANCO-973-F3D-465"
authority_type: "case"
jurisdiction: "federal_fifth_circuit"
precedential_status: "binding_in_ca5"
official_url: "https://www.ca5.uscourts.gov/opinions/pub/20/20-60473-CR0.pdf"
url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA5-FRANCO-973-F3D-465/"
legal_review: "2026-08-25"
links_checked: "2026-10-15"
links_available: 1
links_checked_count: 1
license: "CC BY 4.0"
---

# United States v. Franco

## Holdings used

- The filing prerequisite is a nonjurisdictional mandatory claim-processing rule; both statutory routes begin with a BOP request and the court must enforce the rule when properly raised.

## Material limitation

Binding only in the Fifth Circuit and only for the bounded procedural postures in the linked claims. Official published opinion reviewed. The defendant made no BOP request; no broader issue-exhaustion or merits proposition is inferred. A comprehensive commercial citator was not run.

## Official source and pinpoints

973 F.3d 465 (5th Cir. 2020), 973 F.3d 467–69: <https://www.ca5.uscourts.gov/opinions/pub/20/20-60473-CR0.pdf>

## Linked claims

- `CLM-CIR5-004`


## Used in

- [Fifth Circuit Overlay](https://jason93.com/legal/federal-process/modules/95-circuit-overlays/fifth-circuit.md)