United States v. Vickers

Case: 18-10940 Document: 00516237956 Page: 1 Date Filed: 03/14/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
March 14, 2022
No. 18-10940 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellant,
versus
Michael Dewayne Vickers,
Defendant—Appellee.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CV-3912
Before Smith, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
This panel’s prior decision, found at 967 F.3d 480 (5th Cir. 2020),
returns to us on remand from the Supreme Court. See Vickers v. United
States, 141 S. Ct. 2783 (2021). In turn, we REMAND this case to the district
court for further consideration in light of Borden v. United States, 141 S. Ct.
1817 (2021). On remand, the district court should first determine whether
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 18-10940 Document: 00516237956 Page: 2 Date Filed: 03/14/2022
No. 18-10940
there is jurisdiction to consider Vickers’s successive 28 U.S.C. § 2255petition in light of our decisions in United States v. Wiese, 896 F.3d 720 (5th
Cir. 2018), and United States v. Clay, 921 F.3d 550 (5th Cir. 2019).
2