Soria vs. Johnson, (5th Cir. 2002)
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UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-10575 JUAN SORIA, Petitioner, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent. WILLIAM STANLEY HARRIS; GARY A TAYLOR, Appellants. Appeal from the United States District Court for the Northern District of Texas 4:98-CV-1067) January 28, 2002 Before EMILIO M. GARZA, DEMOSS, and BENAVIDES, Circuit Judges.
BY THE COURT: IT IS ORDERED that the appellantsÂ’ motion for reconsideration, treated as a petition for panel rehearing, is GRANTED. AppellantsÂ’ motion to vacate the order of July 23, 2001 is GRANTED. The appellantsÂ’ motion to reinstate the appeal is GRANTED.
In the order of dismissal filed July 23, 2001, this Court found that it had § 848(q)(8).§ 848(q)(4)(B). I d. at *2.
Accordingly, we vacate our prior order of dismissal and reinstate the appeal.
The next question is whether district court correctly concluded t hat § 848(q)(8) did not authorize compensation for attorneys in state clemency and competency proceedings. In Clark, this Court, construing the statute narrowly, concl uded that the §848(q)(8) does not apply to state clemency proceedings.” Id. at *4. We are bound by that decision and thus must affirm the district courtÂ’s order in the instant case. AFFIRMED.
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