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U.S. v. LEVI

No. 93-1451.

2 F.3d 842 (1993)

UNITED STATES of America, Appellee, v. Reginald LEVI, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1993.

Rehearing and Suggestion for Rehearing Denied October 19, 1993.

Attorney(s) appearing for the Case

Lee Lawless, St. Louis, MO, argued, for appellant.

Howard J. Marcus, St. Louis, MO, argued (Stephen B. Higgins and Howard J. Marcus, on the brief), for appellee.

Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 19, 1993.

HANSEN, Circuit Judge.

Reginald Levi appeals the 13-month term of imprisonment the district court1 imposed on him following revocation of his supervised release. He contends that his sentence violates the Ex Post Facto Clause because the court relied on a policy statement in the Sentencing Guidelines, U.S.S.G. § 7B1.3(d),

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