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U.S. v. DAVENPORT

No. 05-4304.

445 F.3d 366 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Donald DAVENPORT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 2006.

Attorney(s) appearing for the Case

ARGUED: Sean Paul Vitrano, Zuckerman Spaeder, L.L.P., Baltimore, Maryland, for Appellant. Andrew George Warrens Norman, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Gregg L. Bernstein, Zuckerman Spaeder, L.L.P., Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINS, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Vacated and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

WILKINS, Chief Judge:

Donald Davenport appeals, as a violation of the Ex Post Facto Clause and as unreasonable, the ten-year sentence imposed by the district court following Davenport's guilty plea to fraudulent use of an access device, see 18 U.S.C.A. § 1029(a)(5) (West 2000). He also challenges,...

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