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U.S. v. DOMINO

No. 94-10933.

62 F.3d 716 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Devane DOMINO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 22, 1995.

Attorney(s) appearing for the Case

Paul Stickney, Asst. Federal Public Defender, and Ira Kirkendoll, Federal Public Defender, Ft. Worth, TX, for appellant.

Susan Cowger, Asst. U.S. Atty., and Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before SMITH, WIENER and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Victor Devane Domino appeals a final judgment sentencing him under the 1993 version of the Sentencing Guidelines to a total of ninety-six months in prison and a one-year term of supervised release for an offense concluded in 1990. As we determine that this sentence violates the ex post facto clause of the United States Constitution, we vacate and remand to the district court for resentencing pursuant to the 1989 version...

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