U.S. v. GERBER

No. 93-5057.

24 F.3d 93 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Joan GERBER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 9, 1994.


Attorney(s) appearing for the Case

Jill M. Wichlens, Asst. Public Defender, and Michael G. Katz, Federal Public Defender, Denver, CO, for defendant-appellant.

Allen J. Litchfield, Asst. U.S. Atty., and Stephen C. Lewis, U.S. Atty., Tulst, OK, for plaintiff-appellee.

Before TACHA, BRORBY, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

The principal question in this direct criminal appeal is whether, for Ex Post Facto Clause purposes, the government must apply the version of United States Sentencing Guideline § 5K1.1 that was in effect when a defendant attempted to provide substantial assistance to the authorities or the version that was in effect when the defendant committed the underlying criminal offense. We hold that the critical date in our retroactivity analysis under...

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