Jimmy Sharbutt v. N. Vasquez

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 18, 2016
• Docket: 14-40925
• Status: Unpublished

Opinion

Case: 14-40925 Document: 00513723917 Page: 1 Date Filed: 10/18/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14-40925 Summary Calendar United States Court of Appeals Fifth Circuit

FILED October 18, 2016 Lyle W. Cayce JIMMY LEE SHARBUTT, Clerk

Petitioner–Appellant,

versus

N. VASQUEZ, Warden,

Respondent–Appellee.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:13-CV-514

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: *

This court affirmed the denial of Jimmy Sharbutt’s petition for habeas corpus relief under 28 U.S.C. § 2241. Sharbutt v. Vasquez, 600 F. App’x 251

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40925 Document: 00513723917 Page: 2 Date Filed: 10/18/2016

No. 14-40925

(5th Cir. 2015) (per curiam). The Supreme Court vacated and remanded “for further consideration in light of” Mathis v. United States, 136 S. Ct. 2243 (2016). Sharbutt v. Vasquez, 136 S. Ct. 2538 (2016). On remand, we requested letter briefs from the parties, who agree, albeit for different reasons, that remand to the district court is proper.

IT IS ORDERED that this matter is REMANDED for reconsideration in light of applicable law, including the most recent developments in the law pertaining to this dispute. We place no limitations on the matters the district court may consider, as needed, on remand.