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UNITED STATES of America, Plaintiff-Appellee v. Kerry K. OWENS, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2012-08-14No. No. 11-30366
485 F. App'x 736

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Opinion

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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

After our opinion was issued in this case, the Supreme Court decided Dorsey v. United States, — U.S. -, 132 S.Ct. 2321, 183 L.Ed.2d 250 (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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.