USA v. Jabar Gibson, No. 10-31085 (5th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 19, 2011.
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Case: 10-31085 Document: 00511956439 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. 10-30852 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. SHAWNA TICKLES, also known as Shawna Tickless, Defendant - Appellant Appeal from the United States District Court for the Middle District of Louisiana No. 10-31085 UNITED STATES OF AMERICA, Plaintiff - Appellee v. JABAR GIBSON, Defendant - Appellant Case: 10-31085 Document: 00511956439 Page: 2 Date Filed: 08/14/2012 Nos. 10-30852 10-31085 Appeal from the United States District Court for the Eastern District of Louisiana ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM: After our opinion was issued in these consolidated cases, 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 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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