[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 10-14428 JULY 2, 2012
________________________ JOHN LEY
CLERK
D.C. Docket No. 2:07-cr-14081-KMM-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHARLES LEVERN HUDSON,
Defendant - Appellant.
________________________
No. 10-14662
________________________
D.C. Docket No. 1:10-cr-20236-AJ-2
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllllPlaintiff - Appellee,
versus
CARMELINA VERA ROJAS,
llllllllllllllllllllllllllllllllllllllllDefendant - Appellant.
________________________
Appeals from the United States District Court
for the Southern District of Florida
________________________
Before DUBINA, Chief Judge, TJOFLAT, EDMONDSON, CARNES,
BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN, FAY and
ANDERSON,1 Circuit Judges.2
BY THE COURT:
We previously vacated the panels’ opinions to rehear these appeals en banc.
United States v. Rojas, 659 F.3d 1055 (11th Cir. 2011); United States v. Hudson,
659 F.3d 1056 (11th Cir. 2011). The issue before us in both cases was whether the
Fair Sentencing Act of 2010, which raised the quantities of crack cocaine required
to trigger mandatory-minimum penalties under 21 U.S.C. § 841(b)(1), applies to
defendants sentenced after the Act’s effective date of August 3, 2010, but whose
conduct occurred before that date.
On June 21, 2012, the United States Supreme Court answered the question
1
Senior United States Circuit Judges Peter T. Fay and R. Lanier Anderson, III, elected to
participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
2
United States Circuit Judge Adalberto Jordan is recused from participating in the matter
pursuant to 18 U.S.C. § 47.
2
and held that the more lenient mandatory-minimums in the Act do apply to all of
those defendants sentenced after August 3, 2010, when the Act took effect.
Dorsey v. United States, Nos. 11-5683; 11-5721, 2012 WL 2344463 (U.S. June
21, 2012).
Accordingly, we now vacate the defendants’ sentences, and remand both
appeals back to the United States District Court for the Southern District of
Florida for re-sentencing consistent with the decision by the Supreme Court.
VACATED and REMANDED.
3