United States v. Armarcion Henderson

Case: 10-30571 Document: 00512246020 Page: 1 Date Filed: 05/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 17, 2013
No. 10-30571
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARMARCION HENDERSON,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
No. 5:09-CR-111-1
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Case: 10-30571 Document: 00512246020 Page: 2 Date Filed: 05/17/2013
No. 11-60272
Before SMITH, SOUTHWICK, and GRAVES, Circuit Judges.
PER CURIAM:*
This court affirmed the judgment of sentence. United States v. Henderson,
646 F.3d 223 (5th Cir. 2011). The Supreme Court reversed and remanded. Hen-
derson v. United States, 133 S. Ct. 1121 (2013).
On remand, we directed the parties to file letter briefs stating what action
this court should take on remand. Both the government and the defendant
request that we vacate the sentence and remand for resentencing. We therefore
VACATE the judgment of sentence and REMAND for resentencing. We express
no view on what decisions the district court should make on remand.
The mandate shall issue forthwith.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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