United States v. Dunson

                  UNITED STATES COURT OF APPEALS
                       for the Fifth Circuit

               _____________________________________

                            No. 95-60013
                          Summary Calendar
               _____________________________________

                     UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee,

                              VERSUS

                       KELVIN HOWARD DUNSON,

                                                 Defendant-Appellant.

     ______________________________________________________

          Appeal from the United States District Court
            for the Southern District of Mississippi
                           (94-CR-71)
     ______________________________________________________
                      (September 25, 1995)

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:1

     After the district court imposed sentence in this case, this

court rendered a decision in United States v. Hernandez, No. 94-

60586, 1995 WL 509345 (5th Cir., Aug. 29, 1995), interpreting §

5G1.3, U.S.S.G.    Because the district court did not have the

benefit of this decision when it considered how its sentence should

relate to Dunson's state sentence, we vacate the district court's

sentence and remand for resentencing in light of Hernandez.

     VACATED and REMANDED.

     1
        Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular cases
on the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the court has determined that this opinion
should not be published.