Ivan Cantu v. Rick Thaler, Director
682 F.3d 1053
5th Cir.
2012
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Docket

Ivan Abner CANTU, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

No. 09-70017

United States Court of Appeals, Fifth Circuit.

June 1, 2012.

1053

Gena Blount Bunn (argued), Holmes & Moore, P.L.L.C., Longview, TX, for Petitioner-Appellant.

Thomas Merrill Jones, Asst. Atty. Gen. (argued), Office of the Atty. Gen., Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before STEWART, CLEMENT and OWEN, Circuit Judges.

PER CURIAM:

In our earlier consideration of this case, we affirmed the district court‘s dismissal of Cantu‘s petition for federal habeas relief. See

. Among other grounds for relief, Cantu argued that he had received ineffective assistance of counsel at trial. We held that this claim was procedurally defaulted, and that Cantu‘s contention that his state habeas counsel was ineffective did not constitute cause for the procedural default. The Supreme Court has remanded the case for us to consider the effect of
on our holding.

IT IS ORDERED that this matter be remanded to the district court so that the district court may decide in the first instance the impact of

on Cantu‘s contention that he had cause for his procedural default.