Case: 13-50654 Document: 00512603024 Page: 1 Date Filed: 04/21/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-50654 April 21, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GREGORY EUGENE NEAL,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:10-CR-511-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Gregory Eugene Neal appeals the district court’s denial of his motion to
reduce the 60-month sentence imposed on his guilty plea conviction for
possessing with intent to distribute five grams or more of crack cocaine. See
18 U.S.C § 3582(c). In United States v. Neal, No. 11-50110, 2012 U.S. App.
LEXIS 23943 *1 (5th Cir. Nov. 20, 2012) (unpublished), issued on remand from
the Supreme Court, 133 S. Ct. 157(2012), after its decision in Dorsey 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50654 Document: 00512603024 Page: 2 Date Filed: 04/21/2014
No. 13-50654
States, 132 S. Ct. 2321, 2329-35 (2012), we affirmed the 60-month sentence on
the basis that the sentence had been based on the 18 U.S.C. § 3553(a) factors
and was reasonable. See United States v. Bueno, 585 F.3d 847, 850 n.3 (5th
Cir. 2009). Neal’s challenge under Dorsey to the 60-month sentence is
therefore barred by the law of the case doctrine, which “precludes
reexamination by the appellate court on a subsequent appeal of an issue of law
or fact decided on a previous appeal.” United States v. Agofsky, 516 F.3d 280,
283 (5th Cir. 2008); White v. Murtha, 377 F.2d 428, 431-32 (5th Cir. 1967).
AFFIRMED.
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