Opinion
Case No. 1:01-cr-00019-MP-AK.
July 28, 2006
ORDER
This matter is before the Court on Docs. 117 and 118, Motions for Reconsideration by William R. Devine. In his motion, Defendant requests that this court reinstate its prior order granting Defendant's motion for reconsideration, Doc. 95. After a further review of the Eleventh Circuit's mandate, Doc. 112, the court grants the defendant's motion. The court now believes that the Eleventh Circuit intended to provide this court with jurisdiction to entertain Defendant's original motion for reconsideration, Doc. 89, when it closed Defendant's file on appeal. Accordingly, the court vacates its previous order dismissing defendant's motion for reconsideration for lack of jurisdiction, Doc. 113. Defendant's original motion for reconsideration, Doc. 89, is granted and this matter is hereby remanded back to the Magistrate for further proceedings. It is the court's understanding that the Magistrate has already conducted an evidentiary hearing on this matter, and thus only needs to prepare a Report and Recommendation on the issue.
DONE AND ORDERED.