
    UNITED STATES of America, Plaintiff-Appellee v. Samuel Paul PETTIS, Defendant-Appellant. United States of America, Plaintiff-Appellee v. Larry Shoumaker, Defendant-Appellant.
    Nos. 10-61008, 10-61009
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Nov. 28, 2012.
    Clyde McGee, IV, Esq., Assistant U.S. Attorney, U.S. Attorney’s Office, Oxford, MS, for Plaintiff-Appellee.
    Gregory Scott Park, Assistant Federal Public Defender, Federal Public Defender’s Office, Oxford, MS, for Defendant-Appellant.
    Before JOLLY, JONES and SMITH, Circuit Judges.
   ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

After our opinion was issued in this case, the Supreme Court decided Dorsey v. United States,—U.S.-, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012). Dorsey held, contrary to our opinion, that the more lenient penalties of the Fair Sentencing Act (“Act”) apply to offenders who committed an offense before the Act was passed, but were sentenced after the Act was enacted. We VACATE and REMAND this case for resentencing consistent with the Court’s holding in Dorsey.

VACATED and REMANDED for Re-sentencing. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     