Case: 10-60890 Document: 00512054911 Page: 1 Date Filed: 11/15/2012

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

FILED November 15, 2012

No. 10-60890 Lyle W. Cayce Summary Calendar Clerk

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

WILLIE LEE FIELDS,

Defendant - Appellant

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:09-CR-30-1

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JONES, BENAVIDES and GRAVES, Circuit Judges. PER CURIAM:* After our opinion was issued in this case, the Supreme Court decided Dorsey v. United States,

(2012). Dorsey held, contrary to our opinion, that the more lenient penalties of the Fair Sentencing Act (“Act”) apply

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-60890 Document: 00512054911 Page: 2 Date Filed: 11/15/2012

No. 10-60890

to offenders who committed an offense before the Act was passed, but were sentenced after the Act was enacted. Dorsey does not affect our affirmance of Fields’s conviction, but we must VACATE and REMAND this case for resentencing consistent with the Court’s holding in Dorsey. Conviction AFFIRMED; VACATED and REMANDED for Resentencing

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