USA v. James Hick

Filing

UNPUBLISHED OPINION ORDER FILED ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES (ISSUED AS & FOR THE MANDATE) [10-60981 Vacated & Remanded ] Judge: TMR , Judge: JES , Judge: ECP [10-60981]

Case: 10-60981

Document: 00512064994

Page: 1

Date Filed: 11/27/2012

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 10-60981
Summary Calendar

November 27, 2012
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES HICKS,
Defendant-Appellant.

Appeal from the United States District Court
for the Northern District of Mississippi
No. 4:09-CR-71-1

ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-60981

Document: 00512064994

Page: 2

Date Filed: 11/27/2012

No. 10-60981
This court affirmed the judgment of sentence, United States v. Hicks, 464
F. App’x 347 (5th Cir. 2012) (per curiam), bound by United States v. Tickles, 661
F.3d 212, 214-15 (5th Cir. 2011) (per curiam), 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 that effective date. In United States v. Berry, No. 11-51050, 2012 WL 5906899 (5th Cir.
Nov. 26, 2012) (per curiam), however, this court announced that Tickles had
been overruled by Dorsey v. United States, 132 S. Ct. 2321, 2326 (2012), which
held that the more lenient penalties of the FSA apply to offenders who committed offenses before the effective date of the FSA but who were sentenced after
that date.
The Supreme Court granted a writ of certiorari, vacated, and remanded
for further consideration in light of Dorsey. Hicks v. United States, 2012 U.S.
LEXIS 7401 (U.S. Oct. 1, 2012). We therefore VACATE the judgment of sentence and REMAND for resentencing in accordance with Dorsey.

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