United States Second Circuit

Conviction and sentence for being a felon in possession of a firearm is affirmed where the district court's application of a sentencing enhance under the United States Sentencing Guidelines and reliance on the application note contained in the 2006 edition of the Guidelines does not violate the Ex Post Facto Clause of the Constitution as the application note served only to clarify the scope of the pre-existing guideline.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

• PER CURIAM:, Before:  CABRANES and WESLEY, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephan J. Baczynski, Assistant U.S. Attorney (Kathleen M. Mehltretter, United States Attorney, on the brief), Office of the United States Attorney for the Western District of New York, Buffalo, NY, for Appellee United States of America., Herbert Greenman (Michael P. Stuermer, on the brief), Lipsitz Green Scime Cambria LLP, Buffalo, NY, for Defendant-Appellant Douglas P. Johnson.