Steven Long v. Lorie Davis, Director, No. 16-70010 (5th Cir. 2017)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 19, 2016.
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Case: 16-70010 Document: 00514270669 Page: 1 Date Filed: 12/12/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-70010 FILED December 12, 2017 STEVEN LYNN LONG, Lyle W. Cayce Clerk Petitioner - Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:12-CV-839 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before CLEMENT, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM:* This court denied Steven Long’s application for a certificate of appealability in which he claimed that he is intellectually disabled and thus could not be executed. Long v. Davis, 663 F. App’x 361 (5th Cir. 2017). The Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-70010 Document: 00514270669 Page: 2 Date Filed: 12/12/2017 No. 16-70010 Supreme Court granted certiorari, vacated that judgment, and remanded this case to us for further consideration in light of Moore v. Texas, 137 S. Ct. 1039 (2017). Long v. Davis, 138 S.Ct. 72 (2017). We conclude that a review of the effect of the Moore decision on Long’s conviction and sentence should first be addressed by the district court. Accordingly, we VACATE the judgment of the district court and REMAND this case to the district court for further proceedings in light of Moore. 2
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