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U.S. v. AVILA-RAMIREZ

No. 98-1243.

170 F.3d 277 (1999)

UNITED STATES of America, Appellee, v. Carlos Rigoberto AVILA-RAMIREZ, a/k/a "Carlos R. Avila," a/k/a "Carlos Avila," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 11, 1999.

Attorney(s) appearing for the Case

Daniel H. Murphy, III, Pelham Manor, New York, for Defendant-Appellant.

Jane A. Levine, Assistant United States Attorney for the Southern District of New York (Ira M. Feinberg, Assistant United States Attorney; Mary Jo White, United States Attorney, of counsel), New York, New York, for Appellee.

Before: WINTER, Chief Judge, VAN GRAAFEILAND, and PARKER, Circuit Judges.

PER CURIAM:

Carlos Rigoberto Avila-Ramirez appeals from a sentence imposed by Judge Chin for illegally reentering the United States after having been deported in violation of 8 U.S.C. § 1326. Appellant contends that his sentence should be vacated because he was sentenced under a statute not in effect at the time of the offense in violation of the Ex Post Facto Clause. See U.S. Const. art. 1, § 9, cl.3.1 The government...

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