United States v. Antonio Reese

Opinion

Case: 11-60228 Document: 00511955030 Page: 1 Date Filed: 08/13/2012

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED August 13, 2012 No. 11-60228 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

ANTONIO REESE,

Defendant - Appellant

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:09-CR-103-1

ON PETITION FOR REHEARING

Before BARKSDALE, STEWART, and PRADO, Circuit Judges. PER CURIAM:* IT IS ORDERED that, consistent, inter alia, with the concession by the Government, the petition for rehearing is GRANTED. Accordingly, the sentence-affirmance in our prior opinion is withdrawn, United States v. Reese, No. 11-60228, 2012 WL 2505507 (5th Cir. 2012), and this matter is remanded for resentencing in the light of Dorsey v. United States, 132 S. Ct. 2321 (2012).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-60228 Document: 00511955030 Page: 2 Date Filed: 08/13/2012

No. 11-60228

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.