USA v. Jeremy Young, No. 11-60410 (5th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on September 18, 2012.
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Case: 11-60410 Document: 00511990853 Page: 1 Date Filed: 09/18/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-60410 Summary Calendar September 18, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JEREMY YOUNG, Defendant-Appellant Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:10-CR-54-1 Before CLEMENT, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* Jeremy Young pleaded guilty to possession with intent to distribute more than five grams of cocaine base and possession of a firearm during, in relation to, and in furtherance of drug trafficking. In his sole issue on appeal, he contends that the district court erred by refusing to apply the Fair Sentencing Act of 2010 (FSA) to his sentence. His argument is foreclosed by our decision in United States v. Tickles, 661 F.3d 212, 214-15 (5th Cir. 2011), petitions for cert. filed (Dec. 15, 2011) (No. 11-8023) and (Dec. 27, 2011) (No. 11-8268), which held * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 11-60410 Document: 00511990853 Page: 2 Date Filed: 09/18/2012 No. 11-60410 that the FSA does not apply retroactively to defendants whose sentencing occurred after the FSA s effective date but whose offenses occurred before the effective date. Although the Supreme Court has recently granted certiorari in two Seventh Circuit cases that held that the FSA does not apply retroactively, our precedent is nevertheless binding. See United States v. Lopez-Velasquez, 526 F.3d 804, 808 n.1 (5th Cir. 2008). Accordingly, the judgment of the district court is AFFIRMED. 2
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