Case: 12-14628     Date Filed: 07/29/2015   Page: 1 of 2



                                  CORRECTED
                                                                           [PUBLISH]

                  IN THE UNITED STATES COURT OF APPEALS

                          FOR THE ELEVENTH CIRCUIT
                            ________________________

                                  No. 12-14628-CC
                             ________________________

UNITED STATES OF AMERICA,

                           Plaintiff - Appellee,

versus

TONY HENDERSON,
a.k.a. Hollywood,

                           Defendant - Appellant.
                            ________________________

                     Appeal from the United States District Court
                         for the Middle District of Florida
                           ________________________

                        ON REMAND FROM THE
                  SUPREME COURT OF THE UNITED STATES

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
              Case: 12-14628     Date Filed: 07/29/2015    Page: 2 of 2




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, 

, 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 

(“[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.