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U.S. v. RODRIGUEZ

No. 09-1429.

630 F.3d 39 (2010)

UNITED STATES of America, Appellee, v. Ricardo RODRIGUEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 28, 2010.

Attorney(s) appearing for the Case

Stuart W. Tisdale, Jr. , with whom Tisdale & Davis, P.A., was on brief, for appellant.

Jamie L. Wacks , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, and Mark T. Quinlivan , Assistant United States Attorney, were on brief, for appellee.

Before BOUDIN, DYK, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This appeal pivots on the intriguing interplay between ex post facto principles and the now-advisory Sentencing Guidelines.1 Guided by the light of controlling caselaw, we vacate Ricardo Rodriguez's sentence and remand for resentencing.

Setting the Stage

Caught selling two sawed-off guns to an undercover police officer in 2006, Rodriguez pled guilty to a multi-count indictment charging him with...

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