UNITED STATES of America, Plaintiff-Appellee v. Don Paul JACKSON, Defendant-Appellant, 466 F. App'x 383

PER CURIAM: A jury convicted Don Paul Jackson on one count of distribution of cocaine base. In his sole contention on appeal, he argues that the district court erred by refusing to apply the Fair Sentencing Act of 2010(FSA) to his sentence. His argument is foreclosed by our decision in United States v. Tickles, 661 F.3d 212, 215 (5th Cir.2011), petitions for cert. filed (Dec. 15, 2011) (No. 11-8023) and (Dec. 27, 2011) (No. 11-8268), which held that the FSA does not apply retroactively to defendants whose sentencing occurred after the FSA’s effective date but whose offenses occurred before the effective date.

Although the Supreme Court has recently granted certiorari in two Seventh Circuit cases that held that the FSA does not apply retroactively, our precedent remains binding unless the Supreme Court overrules it. See United States v. Lopez-Velasquez, 526 F.3d 804, 808 n. 1 (5th Cir.2008). Accordingly, the judgment of the district court is AFFIRMED. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.