U.S. v. CANON

Nos. 93-50847, 93-50848.

66 F.3d 1073 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Elmo CANON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert John DELANG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1995.


Attorney(s) appearing for the Case

Sheldon Sherman, San Diego, CA, for defendants-appellants.

Larry A. Burns, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.

Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges.


Opinion by Judge T.G. NELSON; Dissent by Judge LEAVY.

T.G. NELSON, Circuit Judge:

Douglas E. Canon and Robert J. Delang appeal their sentences contending that it was a violation of the Ex Post Facto Clause of the Constitution for the district court to consider a sentencing guideline provision adopted after the date of the crime as a guide in an upward departure. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291, and we vacate the sentences...

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