U.S. v. ORTIZ

Docket No. 08-2648-cr.

621 F.3d 82 (2010)

UNITED STATES of America, Appellee, v. Eric ORTIZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 1, 2010.


Attorney(s) appearing for the Case

Zachary Margulis-Ohnuma , New York, N.Y., for Defendant-Appellant.

Jacqueline L. Spratt , Asst. U.S. Atty., Brooklyn, N.Y. ( Benton J. Campbell , U.S. Atty., Susan Corkery, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for Appellee.

Before: NEWMAN and POOLER, Circuit Judges, and RAKOFF, District Judge.


JON O. NEWMAN, Circuit Judge.

This appeal primarily presents the issue of whether, and under what circumstances, a more onerous guideline, issued by the United States Sentencing Commission after the date of an offense, renders a sentence imposed under the advisory Guidelines regime in violation of the Ex Post Facto Clause. The issue arises on an appeal by Defendant-Appellant Eric Ortiz from the May 27, 2008, judgment of the District Court for the Eastern District...

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