Affirmed in part, vacated in part, and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Following a jury trial, Martinez Karon Holmes was convicted of possession with intent to distribute fifty grams or more of *297 cocaine base and a quantity of cocaine, in violation of 21 U.S.C. § 841(a)(1) (2006), and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)© (2006). The district court sentenced him to 180 months’ imprisonment. On appeal, Holmes does not challenge his convictions, but contends that the district court erred when it failed to apply the provisions of the Fair Sentencing Act of 2010(FSA) when imposing the sentence. 1

Both Holmes and the Government request that the sentence be vacated and the matter remanded for resentencing in light of the FSA. Accordingly, we affirm Holmes’ conviction, but we vacate his sentence and remand the case to the district court to permit resentencing. By this disposition, however, we indicate no view as to whether the FSA is retroactively applicable to a defendant like Holmes whose offenses were committed prior to August 3, 2010, the effective date of the Act, but who was sentenced after that date. We leave that determination in the first instance to the district court. 2

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED.