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U.S. v. JOHNS

No. 92-50697

5 F.3d 1267 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond Joseph JOHNS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 24, 1993.

Attorney(s) appearing for the Case

Guy C. Iversen, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Benjamin Jones, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: NOONAN, FERNANDEZ, and KLEINFELD, Circuit Judges.

FERNANDEZ, Circuit Judge:

Raymond Joseph Johns, Jr., was indicted for and pled guilty to armed bank robbery. 18 U.S.C. § 2113(a) & (d). At sentencing the district judge determined that an amendment to the Sentencing Guidelines precluded her from giving Johns a downward departure based upon his asserted youthful lack of guidance. Johns claims that application of the amendment to him violated the Ex Post Facto Clause of the Constitution. See U.S. Const...

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