Jones v. Cockrell

United States Court of Appeals Fifth Circuit F I L E D In the June 30, 2005 United States Court of Appeals Charles R. Fulbruge III for the Fifth Circuit Clerk _______________

m 02-41459 _______________

ANZEL KEON JONES,

Petitioner-Appellant,

VERSUS

DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent-Appellee.

_________________________

Appeal from the United States District Court for the Eastern District of Texas m 6:99-CV-660 ______________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

This court affirmed the denial of Anzel Jones’s petition for writ of habeas corpus. Jones v. Cockrell, 74 Fed. Appx. 317 (5th Cir. 2003). The Supreme Court vacated and re- manded for further consideration in light of Roper v. Simmons, 125 S. Ct. 1183 (2005). Jones v. Dretke, 125 S. Ct. 1588 (2005). We requested and received supplemental letter briefs addressing the impact of Simmons. We take judicial notice that after those letters were received, the Governor of Texas commuted Jones’s sentence to life imprisonment.

All the issues addressed in our prior opinion are in regard only to the sentence of death. Because Jones no longer faces a death sen- tence, those issues are now moot. The appeal, accordingly, is DISMISSED.

* Pursuant to 5TH CIR. R. 47.5, the court has de- termined that this opinion should not be published and is not precedent except under the limited cir- cumstances set forth in 5TH CIR. R. 47.5.4.