USA v. Kevin DeWayne Myles, No. 10-14988 (11th Cir. 2012)
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Case: 10-14988 Date Filed: 10/19/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _________________________ No. 10-14988 Non-Argument Calender __________________________ D.C. Docket No. 1:10-cr-00082-CG-C-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KEVIN DWAYNE MYLES, Defendant - Appellant. __________________________ Appeal from the United States District Court for the Southern District of Alabama ___________________________ (October 19, 2012) Before CARNES, MARCUS and JORDAN, Circuit Judges. PER CURIAM: Case: 10-14988 Date Filed: 10/19/2012 Page: 2 of 2 Kevin Myles appeals his 60-month sentence for his convictions on one count of possession with intent to distribute crack cocaine and one count of possession with intent to distribute cocaine, both in violation of 21 U.S.C. ยง 841(a)(1). Although the district court sentenced Myles after the effective date of the Fair Sentencing Act of 2010, Pub. L. 111-220, 124 Stat. 2372, the court did not apply the Act s lower mandatory minimums. As the government concedes, the court should have done so. See Dorsey v. United States, U.S. , 132 S.Ct. 2321, 2326 (2012) (holding that the Act s lower mandatory minimums apply to all defendants sentenced after the Act s effective date). For that reason, we VACATE the 60-month sentence and REMAND for resentencing consistent with this opinion and the Supreme Court s decision in Dorsey.1 1 Because Dorsey requires that we remand for resentencing, we do not reach Myles argument that the district court erred in denying him safety valve relief. 2
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