Steven Long v. Lorie Davis, Director

Opinion

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

No. 16-70010

Fifth Circuit

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.