United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
For the Fifth Circuit July 25, 2005
Charles R. Fulbruge III
Clerk
No. 00-10784
THOMAS JOE MILLER-EL,
Petitioner-Appellant,
VERSUS
DOUG DRETKE, Director, Texas Department of Criminal Justice,
Correctional Institutions Division
Respondent-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
(96-CV-1992)
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM*:
Pursuant to the mandate of the Supreme Court of the United
States, see Miller-El v. Dretke, ___ U.S. ___, 125 S. Ct. 2317
(Jun. 13, 2005), the above styled and numbered petition is remanded
to the district court with instructions that an order be entered:
*
Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
(1) granting the petition for writ of habeas corpus; (2) setting
aside Petitioner’s conviction and sentence for capital murder; (3)
ordering the release of Petitioner from custody unless the State
grants Petitioner a new trial within 120 days from the date of the
entry of the district court’s order; and (4) entering final
judgment for Petitioner.
REMANDED WITH INSTRUCTIONS.
2