U.S. v. McCALL

No. 1511, Docket 90-1074.

915 F.2d 811 (1990)

UNITED STATES of America, Appellee, v. Stanley McCALL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 28, 1990.


Attorney(s) appearing for the Case

Henriette D. Hoffman, New York City (The Legal Aid Soc., New York City, of counsel), for defendant-appellant.

Jonny Frank, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D. N.Y., John Gleeson, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before WINTER, MAHONEY and WALKER, Circuit Judges.


WINTER, Circuit Judge:

Stanley McCall appeals from a sentence imposed after a guilty plea. He argues that the district court applied a Sentencing Guidelines section based on his "real conduct" rather than on the offense for which he was convicted. This objection was never presented to the district court. He also argues, again for the first time, that his sentencing under the Guidelines violates the ex post facto clause of the Constitution. We reach the first issue...

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