United States v. Lewis

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 9, 2008 No. 06-30273 Charles R. Fulbruge III Summary Calendar Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DONNIE JERMAINE LEWIS, also known as D-Lew Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:04-CR-20145-5 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Donnie Jermaine Lewis’ sentence is VACATED and this matter is REMANDED to district court for resentencing in the light of Kimbrough v. United States, 128 S. Ct. 558 (2007). SENTENCE VACATED; REMANDED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.