Case: 11-40384 Document: 00512035502 Page: 1 Date Filed: 10/29/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 29, 2012
No. 11-40384
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FINAS HEARD,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:09-CR-208-1
Before SMITH, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Finas Heard pleaded guilty to conspiracy to distribute, dispense, and
possess with intent to distribute 50 grams or more of cocaine base. In March of
2011, the district court sentenced him to 120 months of imprisonment, the
mandatory minimum in effect at the time of Heard’s offense conduct, and five
years of supervised release. The district court rejected Heard’s argument that
the Fair Sentencing Act of 2010 (FSA) should apply retroactively to him. Heard
appeals that decision.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40384 Document: 00512035502 Page: 2 Date Filed: 10/29/2012
No. 11-40384
We held this matter in abeyance pending the outcome of Dorsey v. United
States, 132 S. Ct. 2321 (2012). In light of Dorsey’s holding that the FSA applies
retroactively to those whose conduct occurred before the FSA’s effective date of
August 3, 2010, but who were sentenced after that date, we VACATE Heard’s
sentence and REMAND this case for resentencing consistent with Dorsey.
2