United States Fourth Circuit

In a conviction of defendant for unlawful possession of a firearm by a convicted felon, district court's judgment is affirmed where: 1) district court did not err when it denied defendant's motion to suppress; and 2) district court did not err in applying the 2005 guidelines in effect at the time of defendant's offense, in determining that the application of the amended 2008 guidelines would contravene the Ex Post Facto Clause.

Appellate Information

• Argued 03/24/2010
• Decided 05/27/2010
• Published 05/27/2010

Judges

• Before KING and GREGORY, Circuit Judges, and JOSEPH R. GOODWIN, ChiefUnited States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:David Brian Goodhand, Office of the United States Attorney, Alexandria, Virginia, for Appellant/Cross-Appellee. Paul Geoffrey Gill, Office of the Federal Public Defender, Richmond, Virginia, for Appellee/Cross-Appellant. ON BRIEF:Dana J. Boente, United States Attorney, Alexandria, Virginia, Kevin C. Nunnally, Special Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellant/Cross-Appellee. Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, for Appellee/Cross-Appellant.