Melson v. Allen

                                                                  [PUBLISH]

             IN THE UNITED STATES COURT OF APPEALS

                     FOR THE ELEVENTH CIRCUIT                     FILED
                      ________________________          U.S. COURT OF APPEALS
                                                          ELEVENTH CIRCUIT
                                                              JULY 27, 2010
                             No. 06-14047
                                                               JOHN LEY
                       ________________________                  CLERK

                 D. C. Docket No. 04-03422-CV-VEH-HGD

ROBERT BRYANT MELSON,



                                                         Petitioner-Appellant,

                                  versus

RICHARD F. ALLEN, Commissioner,
Alabama Department of Corrections,

                                                        Respondent-Appellee.

                       ________________________

                Appeal from the United States District Court
                   for the Northern District of Alabama
                      _________________________

                              (July 27, 2010)

                   ON REMAND FROM THE
             SUPREME COURT OF THE UNITED STATES

Before BIRCH, BARKETT and WILSON, Circuit Judges.

PER CURIAM:
      In Melson v. Allen, 548 F.3d 993 (11th Cir. 2008), we affirmed Robert B.

Melson’s death sentence following his 1996 capital murder convictions. The

Supreme Court vacated our judgment, Melson v. Allen, ___ S. Ct.___, 2010 WL

2471066 (June 21, 2010), and remanded the case to us for further consideration in

light of its decision in Holland v. Florida, 560 U.S. ___, 130 S. Ct. 2549 (2010)

WL 2346549. We hereby remand this case to the district court so that it may

conduct the necessary fact-finding in the first instance in accordance with the

principles set forth in Holland.

      REMANDED.




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