Case: 12-14628 Date Filed: 07/29/2015 Page: 1 of 2
CORRECTED
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-14628-CC
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TONY HENDERSON,
a.k.a. Hollywood,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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ON REMAND FROM THE
SUPREME COURT OF THE UNITED STATES
Before: WILLIAM PRYOR, MARTIN, and JORDAN, Circuit Judges.
PER CURIAM:
The Supreme Court vacated our prior decision in this case, United States v.
Henderson, 555 F. App’x 851 (11th Cir. 2014), holding that 18 U.S.C. § 922(g)
does not categorically bar a convicted felon from transferring lawfully obtained
Case: 12-14628 Date Filed: 07/29/2015 Page: 2 of 2
firearms to a third party “unless [the transfer] would allow the felon to later control
the [firearms], so that he could either use them or direct their use.” United States v.
Henderson, 135 S. Ct. 1780, 1783 (2015). We remand to the district court so that
it may consider Mr. Henderson’s request that the FBI transfer his firearms to his
wife or a friend in accordance with the principles articulated by the Supreme Court
in Henderson. See id. at 1787 (“[W]hen a court is satisfied that a felon will not
retain control over his guns, § 922 does not apply, and the court has equitable
power to accommodate the felon’s request [for a transfer].”).
REMANDED WITH INSTRUCTIONS.