USA v. Donielle Ross


UNPUBLISHED OPINION ORDER FILED. [16-11443 Vacated and Remanded] Judge: EGJ, Judge: JES, Judge: JEG. [16-11443]

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Case: 16-11443 Document: 00514301700 Page: 1 Date Filed: 01/10/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11443 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 10, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONIELLE RASHI ROSS, Defendant - Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-192 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * This panel affirmed the judgment of sentence. United States v. Ross, 689 F. App’x 237 (5th Cir. 2017) (per curiam). The Supreme Court summarily reversed and remanded “for further consideration in light of Dean 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11443 Document: 00514301700 Page: 2 Date Filed: 01/10/2018 No. 16-11443 States, 581 U.S. ---, 137 S. Ct. 1170, 197 L. Ed. 2d 490 (2017).” Ross v. United States, 138 S. Ct. 422 (2017). The judgment is VACATED and REMANDED. This panel has not sought supplemental briefing, instead leaving it to the district court to consider, in the first instance, the applicability of Dean. We express no view on what action the district court should take on remand. 2

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