Court of Appeals for the Fifth Circuit January 3, 2003, No. 00-20915 (Tennard v. Cockrell)

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

The Supreme Court of the United States, by order in Tennard v. Cockrell, — U.S. -, 123 S.Ct. 70, 154 L.Ed.2d 4 (2002), granted appellant’s petition for a writ of certiorari, vacated the judgment,1 and remanded it to us for further consideration in light of Atkins v.