ON REMAND FROM THE SUPREME COURT OF THE UNITED. STATES

Daroyce Mosley’s court-appointed counsel represented Mosley in filing a petition for clemency with the Texas Board of Pardons and Paroles. Counsel sought reimbursement in the amount of $6,892.69 for such representation under 18 U.S.C. § 3599(e). Relying on this Court’s decision in Clark v. Johnson, 278 F.3d 459, 462-63 (5th Cir. 2002), that compensation to court-appointed counsel was unavailable for representation in state clemency proceedings, the district court denied reimbursement, and we affirmed.

On petition for writ of certiorari, Mosley v. Quarterman, — U.S. -, 129 S.Ct. 1905, 173 L.Ed.2d 1055 (2009), the Supreme Court vacated our judgment and remanded for further consideration in light of Harbison v. Bell, which held that “ § 3599 authorizes federally appointed counsel to represent their clients in state clemency proceedings and entitles them to compensation for that representation.” -U.S.-, 129 S.Ct. 1481, 1491, 173 L.Ed.2d 347 (2009). We therefore VACATE the district court’s denial of compensation and REMAND for further consideration in light of Harbison.