Case: 10-30936 Document: 00512065828 Page: 1 Date Filed: 11/28/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 28, 2012
No. 10-30936 Lyle W. Cayce
Summary Calendar Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JAMES C. COLEMAN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:09-CR-164-8
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
This Court previously affirmed the sentence of Appellant because
United States v. Tickles, 661 F.3d 212 (5th Cir. 2011) (per curiam), 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 if the offense
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-30936 Document: 00512065828 Page: 2 Date Filed: 11/28/2012
No. 10-30936
preceded that effective date. See 661 F.3d at 214–15. However, in United
States v. Berry, No. 11-51050, 2012 WL 5906899 (5th Cir. Nov. 26, 2012) (per
curiam), this Court determined that Tickles had been overruled by Dorsey v.
United States, 132 S. Ct. 2321 (2012). In Dorsey, the Supreme Court
announced that the more lenient penalties of the FSA apply to offenders who
were sentenced after the effective date of the FSA if the underlying offense
was committed before the effective date of the FSA. 132 S. Ct. at 2326.
The Supreme Court granted certiorari, vacated, and remanded this case
for further consideration in light of Dorsey. We, therefore, VACATE the
judgment of sentence and REMAND for resentencing in accordance with
Dorsey.
2