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. ________________________ 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.