Case: 17-13129 Date Filed: 08/30/2019 Page: 1 of 2

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-13129 Non-Argument Calendar ________________________ D.C. Docket Nos. 1:16-cv-22605-UU, 1:11-cr-20700-UU-1 GERARD MANN, Petitioner-Appellee, versus UNITED STATES OF AMERICA, Respondent-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 30, 2019) ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before WILLIAM PRYOR, MARTIN, and ANDERSON, Circuit Judges.

PER CURIAM: The Supreme Court granted Gerard Mann’s petition for writ of certiorari, vacated our October 26, 2018 opinion, and remanded Mann’s case for further Case: 17-13129 Date Filed: 08/30/2019 Page: 2 of 2

consideration in light of United States v. Davis, 588 U.S. ___, 139 S. Ct. 2319, 2324, 2326 (2019). We VACATE and REMAND the district court’s decision with instructions to allow Mann to amend his 28 U.S.C. § 2255 motion to assert a claim based on the new, retroactive rule announced in Davis. See Fed. R. Civ. P. 15; Rules Governing § 2254 Cases, R. 12 (stating that the Federal Rules of Civil Procedure may be applied to the extent they are not inconsistent with any statutory provisions or the rules therein); see also In re Hammoud, ___ F.3d ___, 2019 WL 3296800, at *3 (11th Cir. July 23, 2019) (holding that Davis announced a new rule of constitutional law retroactively applicable to cases on collateral review by the Supreme Court).