Case: 10-31022 Document: 00511956227 Page: 1 Date Filed: 08/14/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 14, 2012
No. 10-31022 Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
DON PAUL JACKSON,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:09-CR-142-1
ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES
Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
After our opinion was issued in this case, the Supreme Court decided
Dorsey v. United States, 132 S. Ct. 2321 (2012). Dorsey held, contrary to our
opinion, that the more lenient penalties of the Fair Sentencing Act (“Act”) apply
to offenders who committed an offense before the Act was passed, but were
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-31022 Document: 00511956227 Page: 2 Date Filed: 08/14/2012
No. 10-31022
sentenced after the Act was enacted. We therefore VACATE and REMAND
these cases for resentencing consistent with the Court’s holding in Dorsey.
2