United States v. Jeremy Young , 488 F. App'x 884 ( 2012 )


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  •      Case: 11-60410     Document: 00511990853         Page: 1     Date Filed: 09/18/2012
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    September 18, 2012
    No. 11-60410
    Summary Calendar                        Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    JEREMY YOUNG,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Mississippi
    USDC No. 3:10-CR-54-1
    Before CLEMENT, ELROD, and GRAVES, Circuit Judges.
    PER CURIAM:*
    Jeremy Young pleaded guilty to possession with intent to distribute more
    than five grams of cocaine base and possession of a firearm during, in relation
    to, and in furtherance of drug trafficking. In his sole issue on appeal, he
    contends that the district court erred by refusing to apply the Fair Sentencing
    Act of 2010 (FSA) to his sentence. His argument is foreclosed by our decision in
    United States v. Tickles, 
    661 F.3d 212
    , 214-15 (5th Cir. 2011), petitions for cert.
    filed (Dec. 15, 2011) (No. 11-8023) and (Dec. 27, 2011) (No. 11-8268), which held
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-60410   Document: 00511990853     Page: 2   Date Filed: 09/18/2012
    No. 11-60410
    that the FSA does not apply retroactively to defendants whose sentencing
    occurred after the FSA’s effective date but whose offenses occurred before the
    effective date. Although the Supreme Court has recently granted certiorari in
    two Seventh Circuit cases that held that the FSA does not apply retroactively,
    our precedent is nevertheless binding. See United States v. Lopez-Velasquez, 
    526 F.3d 804
    , 808 n.1 (5th Cir. 2008).
    Accordingly, the judgment of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 11-60410

Citation Numbers: 488 F. App'x 884

Judges: Clement, Elrod, Graves, Per Curiam

Filed Date: 9/18/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023