United States v. Samuel Pettis , 467 F. App'x 269 ( 2012 )


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  •      Case: 10-61008   Document: 00511823710   Page: 1   Date Filed: 04/17/2012
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    April 17, 2012
    No. 10-61008
    Conference Calendar                Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    SAMUEL PAUL PETTIS,
    Defendant-Appellant
    Cons. w/ No. 10-61009
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    LARRY SHOUMAKER,
    Defendant-Appellant
    Appeals from the United States District Court
    for the Northern District of Mississippi
    USDC No. 2:09-CR-156-1
    USDC No. 1:10-CR-7-1
    Case: 10-61008       Document: 00511823710         Page: 2     Date Filed: 04/17/2012
    No. 10-61008
    c/w No. 10-61009
    Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges.
    PER CURIAM:*
    In these consolidated appeals, Samuel Paul Pettis and Larry Shoumaker
    appeal the sentences imposed following their convictions for possession with
    intent to distribute cocaine base. They argue that the district court erred in
    failing to retroactively apply the Fair Sentencing Act of 2010, thereby adversely
    affecting the mandatory minimum sentences to which they were exposed.
    This argument is foreclosed by United States v. Tickles, 
    661 F.3d 212
    , 215
    (5th Cir. 2011), petitions for cert. filed (Dec. 15, 2011) (No. 11-8023) and (Dec. 27,
    2011) (No. 11-8268), which held “that the penalties prescribed by the FSA do not
    apply to federal criminal sentencing for illegal conduct that preceded the FSA’s
    enactment.” 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).
    AFFIRMED.
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
    2
    

Document Info

Docket Number: 10-61008, 10-61009

Citation Numbers: 467 F. App'x 269

Judges: Jolly, Jones, Per Curiam, Smith

Filed Date: 4/17/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023