United States v. Tommie Thomas, Jr. ( 2012 )

Case: 11-30545 Document: 00512058324 Page: 1 Date Filed: 11/19/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 19, 2012
No. 11-30545 Lyle W. Cayce
Conference Calendar Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
TOMMIE L. THOMAS, JR.,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:10-CR-261-3
ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES
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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30545 Document: 00512058324 Page: 2 Date Filed: 11/19/2012
No. 11-30545
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.
Conviction AFFIRMED; VACATED and REMANDED for
Resentencing.
2