564 F. App'x 122

UNITED STATES of America, Plaintiff-Appellee v. Gregory Eugene NEAL, Defendant-Appellant.

No. 13-50654

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 21, 2014.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Gregory Eugene Neal, Bastrop, TX, pro se.

Before WIENER, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Gregory Eugene Neal appeals the district court’s denial of his motion to reduce the 60-month sentence imposed on his guilty plea conviction for possessing with intent to distribute five grams or more of crack cocaine. See 18 U.S.C. § 3582(c). In United States v. Neal, No. 11-50110, 2012 U.S.App. LEXIS 23943 *1 (5th Cir. Nov. 20, 2012) (unpublished), issued on remand from the Supreme Court, — U.S. -, 133 S.Ct. 157, 184 L.Ed.2d 2 (2012), after its decision in Dorsey v. United States, — U.S. -, 132 S.Ct. 2321, 2329-35, 183 L.Ed.2d 250 (2012), we affirmed the 60-month sentence on the basis that the sentence had been based on the 18 U.S.C. § 3553(a) factors and was reasonable. See United States v. Bueno, 585 F.3d 847, 850 n. 3 (5th Cir.2009). Neal’s challenge under Dorsey to the 60-month sentence is therefore barred by the law of the case doctrine, which “precludes reexamination by the appellate court on a subsequent appeal of an issue of law or fact decided on a previous appeal.” United States v. Agofsky, 516 F.3d 280, 283 (5th Cir.2008); White v. Murtha, 377 F.2d 428, 431-32 (5th Cir.1967).

AFFIRMED.

United States v. Neal
564 F. App'x 122

Case Details

Name
United States v. Neal
Decision Date
Apr 21, 2014
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564 F. App'x 122

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United States

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