U.S. v. LOZANO

No. 97-4004.

138 F.3d 915 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Melquisedec LOZANO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 9, 1998.


Attorney(s) appearing for the Case

Fred Haddad, Ft. Lauderdale, FL, for Defendant-Appellant.

William A. Keefer, U.S. Atty., Ft. Lauderdale, FL, Dawn Bowen, Marc Fagelson, Anne Schulz, Stephanie K. Pell, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before COX and HULL, Circuit Judges, and FAY, Senior Circuit Judge.


FAY, Senior Circuit Judge:

Melquisedec Lozano pled guilty to being found in the United States after illegally reentering the United States after deportation in violation of 8 U.S.C. § 1326(a). The district court sentenced Lozano to a prison term of 46 months. Lozano appeals his sentence, arguing that the enhancement of his sentence pursuant to U.S.S.G. § 2L1.2(b)(2) violated the Ex Post Facto Clause of the U.S. Constitution. We disagree and affirm.

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