United States Fifth Circuit

Defendants' convictions for illegal reentry after deportation are affirmed but their sentences vacated where application of the 2003 Sentencing Guidelines, as opposed to the 2002, constituted an ex post facto violation. The court rejects defendants' primary claim that sentencing guidelines offense-level enhancements, imposed as a result of defendants' prior alien-smuggling convictions, were improper in light of Booker.

Appellate Information

• Decided 05/23/2007
• Published 05/24/2007

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt (argued), San Antonio, TX, for U.S.


• For Appellees:
  
• M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., Henry Joseph Bemporad (argued), San Antonio, TX, for Defendant-Appellant.