United States Second Circuit

Sentence based on guilty plea to bank fraud, mail fraud, and structuring a financial transaction to evade currency reporting requirement requires remand where the district court's use of the 2002 version of the U.S. Sentencing Guidelines violated the Ex Post Facto Clause of Article I of the Constitution.

Appellate Information

• Decided 07/05/2007
• Published 07/05/2007

Judges

• CARDAMONE, Circuit Judge., Before:  CARDAMONE, WALKER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Terence L. Kindlon, Kindlon and Shanks, P.C., Albany, NY, filed a brief for Defendant-Appellant., Sara M. Lord, Assistant United States Attorney, Albany, N.Y. (Glenn T. Suddaby, United States Attorney, Brenda K. Sannes, Assistant United States Attorney, Northern District of New York, Albany, NY, of counsel), filed a brief for Appellee.