United States v. Jabar Gibson

Opinion

Case: 10-31085 Document: 00511956439 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. 10-30852 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

SHAWNA TICKLES, also known as Shawna Tickless,

Defendant - Appellant

Appeal from the United States District Court for the Middle District of Louisiana

No. 10-31085

JABAR GIBSON,

Defendant - Appellant Case: 10-31085 Document: 00511956439 Page: 2 Date Filed: 08/14/2012

Nos. 10-30852 10-31085

Appeal from the United States District Court for the Eastern District of Louisiana

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges. PER CURIAM: After our opinion was issued in these consolidated cases, 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 sentenced after the Act was enacted. We therefore VACATE and REMAND these cases for resentencing consistent with the Court’s holding in Dorsey.