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Steven Long v. Lorie Davis, Director
16-70010
| 5th Cir. | Dec 12, 2017
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Docket

*1 Before CLEMENT, ELROD, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

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 *2 Case: 16-70010 Document: 00514270669 Page: 2 Date Filed: 12/12/2017

No. 16-70010

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.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: Steven Long v. Lorie Davis, Director
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Dec 12, 2017
Docket Number: 16-70010
Court Abbreviation: 5th Cir.
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