USA v. Charles Levern Hudson

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 2, 2012
JOHN LEY
CLERK
CORRECTED [PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-14428
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D.C. Docket No. 2:07-cr-14081-KMM-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHARLES LEVERN HUDSON,
Defendant - Appellant.
________________________
No. 10-14662
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D.C. Docket No. 1:10-cr-20236-AJ-2
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllllPlaintiff - Appellee,
versus

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CARMELINA VERA ROJAS,
llllllllllllllllllllllllllllllllllllllllDefendant - Appellant.
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Appeals from the United States District Court
for the Southern District of Florida
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Before DUBINA, Chief Judge, TJOFLAT, EDMONDSON, CARNES,
BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN, FAY and
ANDERSON, Circuit Judges.1 2
BY THE COURT:
We previously vacated the panels’ opinions to rehear these appeals en banc.
United States v. Rojas, 659 F.3d 1055 (11th Cir. 2011); United States v. Hudson,
659 F.3d 1056 (11th Cir. 2011). The issue before us in both cases was whether the
Fair Sentencing Act of 2010, which raised the quantities of crack cocaine required
to trigger mandatory-minimum penalties under 21 U.S.C. § 841(b)(1), applies to
defendants sentenced after the Act’s effective date of August 3, 2010, but whose
conduct occurred before that date.
On June 21, 2012, the United States Supreme Court answered the question
Senior United States Circuit Judges Peter T. Fay and R. Lanier Anderson, III, elected to1
participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
United States Circuit Judge Adalberto Jordan is recused from participating in the matter2
pursuant to 28 U.S.C. § 47.
2

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and held that the more lenient mandatory-minimums in the Act do apply to all of
those defendants sentenced after August 3, 2010, when the Act took effect.
Dorsey v. United States, Nos. 11-5683; 11-5721, 2012 WL 2344463 (U.S. June
21, 2012).
Accordingly, we now vacate the defendants’ sentences, and remand both
appeals back to the United States District Court for the Southern District of
Florida for re-sentencing consistent with the decision by the Supreme Court.
VACATED and REMANDED.
3

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