USA v. Don Jackson, No. 10-31022 (5th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on April 17, 2012.
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Case: 10-31022 Document: 00511956227 Page: 1 Date Filed: 08/14/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 14, 2012 No. 10-31022 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. DON PAUL JACKSON, Defendant - Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:09-CR-142-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges. PER CURIAM:* After our opinion was issued in this case, the Supreme Court decided Dorsey v. United States, 132 S. Ct. 2321 (2012). Dorsey held, contrary to our opinion, that the more lenient penalties of the Fair Sentencing Act ( Act ) apply to offenders who committed an offense before the Act was passed, but were * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-31022 Document: 00511956227 Page: 2 Date Filed: 08/14/2012 No. 10-31022 sentenced after the Act was enacted. We therefore VACATE and REMAND these cases for resentencing consistent with the Court s holding in Dorsey. 2
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