USCA11 Case: 20-11271 Date Filed: 12/10/2020 Page: 1 of 2

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 20-11271-P

________________________ KEITH EDMUND GAVIN,

Petitioner - Appellee Cross -Appellant,

versus COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS,

Respondent - Appellant Cross Appellee.

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Appeal from the United States District Court

for the Northern District of Alabama

________________________ Before: JORDAN, BRANCH, and LUCK, Circuit Judges. BY THE COURT:

Appellee Cross-Appellant’s motion for reconsideration of the October 23, 2020 order is DENIED.

USCA11 Case: 20-11271 Date Filed: 12/10/2020 Page: 2 of 2 JORDAN, Circuit Judge, dissenting.

Based upon the standard articulated by the Supreme Court in cases like Buck v. Davis, 137 S. Ct. 759, 773-75 (2017), I would grant Mr. Gavin’s motion for reconsideration, and issue a COA on whether trial counsel rendered ineffective assistance during the guilt phase.

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