US v. Paul Coleman

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:09-cr-00207-JRS-1 Copies to all parties and the district court/agency. [998995510].. [10-5218, 10-5313]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-5218

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL BERNARD COLEMAN,
Defendant - Appellant.

No. 10-5313

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL BERNARD COLEMAN,
Defendant - Appellant.

On Remand from the Supreme Court of the United States.
(S. Ct. No. 11-9604)

Submitted:

November 26, 2012

Decided:

December 5, 2012

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

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Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.

Craig W. Sampson, Sr., BARNES & DIEHL, PC, Chesterfield,
Virginia, for Appellant.
Neil H. MacBride, United States
Attorney, N. George Metcalf, Richard D. Cooke, Assistant United
States Attorneys, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
A federal jury convicted Paul Bernard Coleman of two
counts

of

possession

(“crack”),

in

with

violation

intent

of

21

to

distribute

U.S.C.

§

841(a)

cocaine

base

(2006).

On

December 20, 2010, the district court sentenced Coleman to the
statutory

imprisonment.

On

appeal, this court affirmed the district court’s judgment.

See

United

mandatory

States

v.

minimum

Coleman,

term

445

of

F.

life

App’x

642

(4th

Cir.

2011)

(unpublished).
Subsequently,

in

Dorsey

v.

United

States,

567

U.S.

___, 132 S. Ct. 2321 (2012), the Supreme Court determined that
the

Fair

Sentencing

Act

(“FSA”)

applies

to

defendants

who

committed their offenses prior to the effective date of the Act,
August 3, 2010, but were sentenced after that date.
2326-36.

Id. at

The Court then granted Coleman’s petition for a writ

of certiorari and remanded the appeal to this court based on
Dorsey.

As Coleman was sentenced after the effective date of

the FSA, we affirm the conviction but vacate the sentence and
remand
Dorsey.
legal

to

the

district

court

for

resentencing

in

light

of

We dispense with oral argument because the facts and
contentions

are

adequately

3

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED

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