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U.S. v. ESKE

No. 98-2524.

189 F.3d 536 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Gary W. ESKE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1999.

Rehearing Denied September 30, 1999.

Attorney(s) appearing for the Case

Melvin K. Washington (argued), Thomas P. Schneider, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee

Larraine L. Granger (argued), Lake Geneva, WI, for Defendant-Appellant.

Before COFFEY, FLAUM and EASTERBROOK, Circuit Judges.

FLAUM, Circuit Judge.

Gary Eske appeals the sentence the district court imposed upon him, claiming that it violated the Ex Post Facto Clause of the Constitution, and that the sentence was impermissibly based on unreliable evidence. Although the latter claim is entirely without merit,1 the former one is correct. In fact, in a supplemental submission to this court, the government conceded that the appellant's Ex Post Facto claim is meritorious...

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