USA v. Armarcion Henderson, No. 10-30571 (5th Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 8, 2011.
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Case: 10-30571 Document: 00512246020 Page: 1 Date Filed: 05/17/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30571 May 17, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ARMARCION HENDERSON, Defendant-Appellant. Appeal from the United States District Court for the Western District of Louisiana No. 5:09-CR-111-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Case: 10-30571 Document: 00512246020 Page: 2 Date Filed: 05/17/2013 No. 11-60272 Before SMITH, SOUTHWICK, and GRAVES, Circuit Judges. PER CURIAM:* This court affirmed the judgment of sentence. United States v. Henderson, 646 F.3d 223 (5th Cir. 2011). The Supreme Court reversed and remanded. Henderson v. United States, 133 S. Ct. 1121 (2013). On remand, we directed the parties to file letter briefs stating what action this court should take on remand. Both the government and the defendant request that we vacate the sentence and remand for resentencing. We therefore VACATE the judgment of sentence and REMAND for resentencing. We express no view on what decisions the district court should make on remand. The mandate shall issue forthwith. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2
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