United States v. Armarcion Henderson

532 F. App'x 550

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

This court affirmed the judgment of sentence. United States v. Henderson, 646 F.3d 223 (5th Cir.2011). The Supreme Court reversed and remanded. Henderson v. United States, — U.S. —, 133 S.Ct. 1121, 185 L.Ed.2d 85 (2013).

On remand, we directed the parties to file letter briefs stating what action this court should take on remand. Both the government and the defendant request that we vacate the sentence and remand for resentencing. We therefore VACATE the judgment of sentence and REMAND for resentencing. We express no view on what decisions the district court should make on remand.

The mandate shall issue forthwith.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.