United States v. Donielle Ross ( 2018 )

Case: 16-11443 Document: 00514301700 Page: 1 Date Filed: 01/10/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-11443
Fifth Circuit
FILED
Summary Calendar January 10, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONIELLE RASHI ROSS,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-192
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
This panel affirmed the judgment of sentence. United States v. Ross,
689 F. App’x 237 (5th Cir. 2017) (per curiam). The Supreme Court summarily
reversed and remanded “for further consideration in light of Dean v. United
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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: 16-11443 Document: 00514301700 Page: 2 Date Filed: 01/10/2018
No. 16-11443
States, 581 U.S. ---, 137 S. Ct. 1170, 197 L. Ed. 2d 490 (2017).” Ross v. United
States, 138 S. Ct. 422 (2017).
The judgment is VACATED and REMANDED. This panel has not
sought supplemental briefing, instead leaving it to the district court to
consider, in the first instance, the applicability of Dean. We express no view
on what action the district court should take on remand.
2