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United States v. Henderson

United States Court of Appeals, Eleventh Circuit

July 29, 2015

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
TONY HENDERSON, a.k.a. Hollywood, Defendant-Appellant.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:06-cr-00211-TJC-TEM-l

Before WILLIAM PRYOR, MARTIN, and JORDAN, Circuit Judges.

PER CURIAM.

The Supreme Court vacated our prior decision in this case, United States v. Henderson, 555 F.App'x 851 (11th Cir. 2014), holding that 18 U.S.C. § 922(g) does not categorically bar a convicted felon from transferring lawfully obtained firearms to a third party "unless [the transfer] would allow the felon to later control the [firearms], so that he could either use them or direct their use." United States v. Henderson, 135 S.Ct. 1780, 1783 (2015). We remand to the district court so that it may consider Mr. Henderson's request that the FBI transfer his firearms to his wife or a friend in accordance with the principles articulated by the Supreme Court in Henderson. See id. at 1787 ("[W]hen a court is satisfied that a felon will not retain control over his guns, § 922 does not apply, and the court has equitable power to accommodate the felon's request [for a transfer].").

REMANDED WITH INSTRUCTIONS.


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