Opinion
No. 17-13129
08-30-2019
GERARD MANN, Petitioner-Appellee, v. UNITED STATES OF AMERICA, Respondent-Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket Nos. 1:16-cv-22605-UU, 1:11-cr-20700-UU-1 Appeal from the United States District Court for the Southern District of Florida
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before WILLIAM PRYOR, MARTIN, and ANDERSON, Circuit Judges. PER CURIAM:
The Supreme Court granted Gerard Mann's petition for writ of certiorari, vacated our October 26, 2018 opinion, and remanded Mann's case for further consideration in light of United States v. Davis, 588 U.S. ___, 139 S. Ct. 2319, 2324, 2326 (2019). We VACATE and REMAND the district court's decision with instructions to allow Mann to amend his 28 U.S.C. § 2255 motion to assert a claim based on the new, retroactive rule announced in Davis. See Fed. R. Civ. P. 15; Rules Governing § 2254 Cases, R. 12 (stating that the Federal Rules of Civil Procedure may be applied to the extent they are not inconsistent with any statutory provisions or the rules therein); see also In re Hammoud, ___ F.3d ___, 2019 WL 3296800, at *3 (11th Cir. July 23, 2019) (holding that Davis announced a new rule of constitutional law retroactively applicable to cases on collateral review by the Supreme Court).