USA v. James Coleman, No. 10-30936 (5th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 27, 2012.
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Case: 10-30936 Document: 00512065828 Page: 1 Date Filed: 11/28/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED November 28, 2012 No. 10-30936 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JAMES C. COLEMAN, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:09-CR-164-8 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* This Court previously affirmed the sentence of Appellant because United States v. Tickles, 661 F.3d 212 (5th Cir. 2011) (per curiam), held that the Fair Sentencing Act of 2010 ( FSA ) does not apply retroactively to a defendant who is sentenced after the effective date of the FSA if the offense * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-30936 Document: 00512065828 Page: 2 Date Filed: 11/28/2012 No. 10-30936 preceded that effective date. See 661 F.3d at 214 15. However, in United States v. Berry, No. 11-51050, 2012 WL 5906899 (5th Cir. Nov. 26, 2012) (per curiam), this Court determined that Tickles had been overruled by Dorsey v. United States, 132 S. Ct. 2321 (2012). In Dorsey, the Supreme Court announced that the more lenient penalties of the FSA apply to offenders who were sentenced after the effective date of the FSA if the underlying offense was committed before the effective date of the FSA. 132 S. Ct. at 2326. The Supreme Court granted certiorari, vacated, and remanded this case for further consideration in light of Dorsey. We, therefore, VACATE the judgment of sentence and REMAND for resentencing in accordance with Dorsey. 2
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