USA v. Gregory Neal

Filing

UNPUBLISHED OPINION FILED. [13-50654 Affirmed ] Judge: JLW , Judge: PRO , Judge: CH Mandate pull date is 05/12/2014 [13-50654]

Case: 13-50654

Document: 00512603024

Page: 1

Date Filed: 04/21/2014

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

No. 13-50654
Summary Calendar

FILED
April 21, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GREGORY EUGENE NEAL,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:10-CR-511-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Gregory Eugene Neal appeals the district court’s denial of his motion to
reduce the 60-month sentence imposed on his guilty plea conviction for
possessing with intent to distribute five grams or more of crack cocaine. See
18 U.S.C § 3582(c). In United States v. Neal, No. 11-50110, 2012 U.S. App.
LEXIS 23943 *1 (5th Cir. Nov. 20, 2012) (unpublished), issued on remand from
the Supreme Court, 133 S. Ct. 157(2012), after its decision in Dorsey v. United

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-50654

Document: 00512603024

Page: 2

Date Filed: 04/21/2014

No. 13-50654
States, 132 S. Ct. 2321, 2329-35 (2012), we affirmed the 60-month sentence on
the basis that the sentence had been based on the 18 U.S.C. § 3553(a) factors
and was reasonable. See United States v. Bueno, 585 F.3d 847, 850 n.3 (5th
Cir. 2009).

Neal’s challenge under Dorsey to the 60-month sentence is

therefore barred by the law of the case doctrine, which “precludes
reexamination by the appellate court on a subsequent appeal of an issue of law
or fact decided on a previous appeal.” United States v. Agofsky, 516 F.3d 280,
283 (5th Cir. 2008); White v. Murtha, 377 F.2d 428, 431-32 (5th Cir. 1967).
AFFIRMED.

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