United States Second Circuit

District courts do not violate ex post facto principles by applying the remedial holding of Booker, that the guidelines be treated as advisory, to pre-Booker conduct. A conviction for possession of a firearm by a convicted felon is affirmed where defendant's Sixth Amendment rights were not violated, and defendant's sentence was reasonable.

Appellate Information

• Decided 02/17/2006
• Published 02/28/2006

Judges

• PER CURIAM., Before:  JACOBS, LEVAL, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Theodore S. Green, Green & Willstatter, White Plains, New York, for Defendant-Appellant., John P. Collins, Jr., Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief;  John M. Hillebrecht, Assistant United States Attorney, of counsel), New York, New York, for Appellee.