USA v. Tyrice Hegwood


UNPUBLISHED OPINION FILED. [10-51079 Affirmed ] Judge: CDK , Judge: EGJ , Judge: JEG Mandate pull date is 02/16/2012 for Appellant Tyrice Hegwood; granting motion for summary affirmance filed by Appellee USA [6934092-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6934092-3] [10-51079]

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Case: 10-51079 Document: 00511737305 Page: 1 Date Filed: 01/26/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-51079 Summary Calendar January 26, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TYRICE HEGWOOD, also known as Tyrece Hedgemond, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-3143-12 Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM:* Tyrice Hegwood presents arguments that are foreclosed by United States v. Tickles, 661 F.3d 212, 214-15 (5th Cir. 2011), which held that the Fair Sentencing Act of 2010 (FSA) does not apply retroactively to a defendant who is sentenced after the effective date of the FSA but whose offense preceded the FSA’s effective date. The Government has moved for summary affirmance, or for an extension of time to file a brief. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-51079 Document: 00511737305 Page: 2 Date Filed: 01/26/2012 No. 10-51079 The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government’s alternative motion for an extension of time to file a brief is DENIED. 2

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