Case: 11-30545 Document: 00511824175 Page: 1 Date Filed: 04/17/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 17, 2012
No. 11-30545
Conference Calendar Lyle W. Cayce
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
Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Tommie L. Thomas, Jr., raises
arguments that are foreclosed by United States v. Tickles, 661 F.3d 212, 214-15
(5th Cir. 2011), petitions for cert. filed (Dec. 15, 2011) (No. 11-8023) and (Dec. 27,
2011) (No. 11-8628), which held that the Fair Sentencing Act of 2010 (FSA) does
not apply retroactively to a defendant who is sentenced after the effective date
of the FSA but whose offense preceded the FSA’s effective date.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 00511824175 Page: 2 Date Filed: 04/17/2012
No. 11-30545
The Government’s motion for summary affirmance is GRANTED, the
Government’s alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.
2