Opinion
18-10940
03-14-2022
United States of America, Plaintiff-Appellant, v. 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.
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.
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 there is jurisdiction to consider Vickers's successive 28 U.S.C. § 2255 petition 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).