United States Fifth Circuit

Defendant's sentence for illegal reentry into the U.S. after deportation is affirmed where the application of the 2008 Sentencing Guidelines to defendant was not a plain-error violation of the Ex Post Facto Clause because case law revealed a reasonable dispute regarding the ex post facto implications of retroactive application of the advisory guidelines.

Appellate Information

• Decided 02/09/2010
• Published 02/11/2010

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel