USA v. Samuel Pettis, No. 10-61008 (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: 10-61008 Document: 00512065897 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 No. 10-61008 Conference Calendar November 28, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SAMUEL PAUL PETTIS, Defendant-Appellant Cons. w/ No. 10-61009 UNITED STATES OF AMERICA, Plaintiff-Appellee v. LARRY SHOUMAKER, Defendant-Appellant Appeals from the United States District Court for the Northern District of Mississippi USDC No. 2:09-CR-156-1 USDC No. 1:10-CR-7-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Case: 10-61008 Document: 00512065897 Page: 2 Date Filed: 11/28/2012 No. 10-61008 c/w No. 10-61009 Before JOLLY, JONES 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 sentenced after the Act was enacted. We VACATE and REMAND this case for resentencing consistent with the Court s holding in Dorsey. VACATED and REMANDED for Resentencing. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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