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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