Brewer v. Quarterman , 474 F.3d 207 ( 2007 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 27, 2007
No. 04-70034
Charles R. Fulbruge III
Clerk
BRENT RAY BREWER,
Petitioner-Appellee,
v.
NATHANIEL QUARTERMAN,
Director, Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, SMITH, and GARZA, Circuit Judges.
PER CURIAM:
This court reversed the district court’s judgment conditionally granting a
writ of habeas corpus. Brewer v. Dretke, 442 F.3d 273 (5th Cir. 2006) (reversing
Brewer v. Dretke, 2004 U.S. Dist. LEXIS 14761 (N.D. Tex. Aug. 2, 2004)). The
No. 04-70034
Supreme Court reversed. Brewer v. Quarterman, 127 S. Ct. 1706 (2007).
The state acknowledges that in light of the denial of the petition for writ
of certiorari in Nelson v. Quarterman, 472 F.3d 287 (5th Cir. 2006) (en banc),
cert. denied, 127 S. Ct. 2974 (2007), this court should remand for re-entry of the
conditional grant of habeas corpus relief. Accordingly, this matter is
REMANDED so that the district court can re-enter its judgment to provide that
a writ shall issue, vacating the sentence and commuting it to life imprisonment
unless, within 180 days of the re-entry of judgment, the state grants a new sen-
tencing hearing or commutes the sentence to life imprisonment.
2