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U.S. v. DEMAREE

No. 05-4213.

459 F.3d 791 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Rebecca S. DEMAREE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 2006.

Rehearing and Rehearing Denied September 13, 2006.

Attorney(s) appearing for the Case

Nina Goodman, Elizabeth Olson (argued), Dept. of Justice, Criminal Div., Appellate Section, Washington, DC, for Plaintiff-Appellee.

William H. Dazey, Jr. (argued), Indianapolis Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.

Before BAUER, POSNER, and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 13, 2006.

POSNER, Circuit Judge.

The only question presented by this criminal appeal is whether, the federal sentencing guide-lines having been made advisory by the Supreme Court in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a change in the guidelines that expands the guidelines range for a crime is an ex post facto law and so cannot be...

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