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193618P.pdf   06/01/2020  United States  v.  Daniel Lewis Lee
   U.S. Court of Appeals Case No:  19-3618
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Colloton, Author, with Kelly and Erickson, Circuit Judges] 
   Death Penalty - execution of sentence. After the district court issued a 
   stay of execution and the execution date passed, the government pursued 
   the appeal of the district court's order. Because the stay order extends 
   until further order of court, the appeal is not moot. The district court 
   applied an incorrect legal standard in relying on Chambers v. Bowersox to 
   justify a stay of execution pending a decision by the Supreme Court in 
   Banister v. Davis. An appreciable chance that Bannister could allow for 
   additional judicial consideration of Lee's previously denied Rule 59(3) 
   motion was not sufficient to justify a stay of execution. Accordingly the 
   district court's stay order is vacated.