On June 4, 2008, a three-judge panel of the Eleventh Circuit Court of Appeals upheld the convictions of the "Five" but vacated and remanded for resentencing in district court the sentences of Guerrero, Labañino, and Fernando González. The court affirmed the sentences of Gerardo Hernandez and Rene Gonzalez. The court held that the sentencing judge had made six serious errors and remanded the case back to the same court. The decision was drawn up by William Pryor. In January 2009, the Five appealed to the U.S. Supreme Court. Twelve amicus curiae briefs were filed.