Case: 17-11716 Date Filed: 11/04/2019 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-11716
Non-Argument Calendar
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D.C. Docket Nos. 8:16-cv-01801-SCB-AEP,
8:13-cr-00122-SCB-AEP-1
KEISHAN H. ENIX,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Middle District of Florida
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(November 4, 2019)
Before MARCUS, JORDAN, and BRANCH, Circuit Judges.
PER CURIAM:
Keishan Enix, a federal prisoner serving a 168-month total sentence, appeals
from the district court’s denial of his 28 U.S.C. § 2255 motion to vacate. Enix has
Case: 17-11716 Date Filed: 11/04/2019 Page: 2 of 2
moved for a certificate of appealability (“COA”) as to whether his 18 U.S.C. § 924(c)
conviction is unconstitutional in light of the Supreme Court’s recent decision in
United States v. Davis, 139 S. Ct. 2319 (2019), and for summary reversal. The
government does not oppose either motion. Enix’s motion for a COA is GRANTED
on the following issue only:
Whether Enix’s conviction under 18 U.S.C. § 924(c) was
unconstitutional in light of the Supreme Court’s holding in United States v.
Davis, 139 S. Ct. 2319 (2019).
Enix’s motion for summary reversal is also GRANTED, and his case is VACATED
AND REMANDED for the district court to consider, in the first instance, the
viability of his claim for habeas relief in light of the Supreme Court’s decision in
United States v. Davis.
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