USA v. Tyrice Hegwood

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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