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U.S. v. TICKLES

Nos. 10-30852, 10-31085.

661 F.3d 212 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Shawna TICKLES, also known as Shawna Tickless, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jabar Gibson, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 19, 2011.

Attorney(s) appearing for the Case

Catherine M. Maraist , Helina S. Dayries , Robert William Piedrahita , Asst. U.S. Attys., Baton Rouge, LA, Edward John Rivera , Diane Hollenshead Copes , Stephen Andrew Higginson , Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellee.

Christopher Albert Aberle , Mandeville, LA, for Defendant-Appellant Shawna Tickles.

Robin Elise Schulberg , Valerie Welz Jusselin , Asst. Fed. Pub. Defenders, New Orleans, LA, for Defendant-Appellant Jabar Gibson.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

PER CURIAM:

The court considered these cases jointly without oral argument because they raise a single issue: whether these defendants, who were convicted inter alia of possession with intent to distribute crack cocaine, were entitled to be sentenced according to the Fair Sentencing Act of 2010 ("FSA"), Pub.L. No. 111-220, 124 Stat. 2372, when their illegal conduct preceded the Act but their sentencing proceedings occurred post-enactment. The issue is the retroactivity...

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