Opinion
No. 16-70010
12-12-2017
STEVEN LYNN LONG, 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:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------
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 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.