Case: 17-13129 Date Filed: 08/30/2019 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 17-13129
Non-Argument Calendar
________________________
D.C. Docket Nos. 1:16-cv-22605-UU,
1:11-cr-20700-UU-1
GERARD MANN,
Petitioner-Appellee,
versus
UNITED STATES OF AMERICA,
Respondent-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(August 30, 2019)
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before WILLIAM PRYOR, MARTIN, and ANDERSON, Circuit Judges.
PER CURIAM:
The Supreme Court granted Gerard Mann’s petition for writ of certiorari,
vacated our October 26, 2018 opinion, and remanded Mann’s case for further
Case: 17-13129 Date Filed: 08/30/2019 Page: 2 of 2
consideration in light of United States v. Davis, 588 U.S. ___,
139 S. Ct. 2319,
2324, 2326 (2019). We VACATE and REMAND the district court’s decision
with instructions to allow Mann to amend his 28 U.S.C. § 2255 motion to assert a
claim based on the new, retroactive rule announced in Davis. See Fed. R. Civ. P.
15; Rules Governing § 2254 Cases, R. 12 (stating that the Federal Rules of Civil
Procedure may be applied to the extent they are not inconsistent with any statutory
provisions or the rules therein); see also In re Hammoud, ___ F.3d ___,
2019 WL
3296800, at *3 (11th Cir. July 23, 2019) (holding that Davis announced a new rule
of constitutional law retroactively applicable to cases on collateral review by the
Supreme Court).
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