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JONES v. GARNER

No. 97-9009.

211 F.3d 1225 (2000)

Robert L. JONES, Plaintiff-Appellant, v. J. Wayne GARNER, Chairman, State Board of Pardons and Paroles, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 10, 2000.

Attorney(s) appearing for the Case

Elizabeth T. Kertscher, Powell, Goldstein, Frazer & Murphy, LLP, Atlanta, GA, for Plaintiff-Appellant.

Neal Bradley Childers, Georgia Dept. of Law, Atlanta, GA, for Defendants-Appellees.

Before BIRCH and BARKETT, Circuit Judges, and HANCOCK, Senior District Judge.

PER CURIAM:

In light of the Supreme Court's decision in Garner v. Jones, ___ U.S. ___, 120 S.Ct. 1362, 146 L.Ed.2d 236 (2000), we remand the case for further proceedings. In its decision the Supreme Court noted that:

The Court of Appeals' analysis failed to reveal whether the amendment to Rule 475-3-05(2), in its operation, created a significant risk of increased punishment for respondent. Respondent claims he has not been permitted sufficient discovery...

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