U.S. v. ALVARAN-VELEZ

No. 17-3065.

914 F.3d 665 (2019)

UNITED STATES of America, Appellee v. Alvaro ALVARAN-VELEZ, also Known as Marcos, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 2019.


Attorney(s) appearing for the Case

Carmen D. Hernandez , Highland, MD, appointed by the court, argued the cause and filed the brief for appellant.

Kirby A. Heller , Attorney, U.S. Department of Justice, argued the cause and filed the brief for appellee. Elizabeth Trosman , Assistant U.S. Attorney, entered an appearance.

Before: Henderson and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.


The question on appeal is whether the Ex Post Facto Clause forbids applying a current U.S. Sentencing Commission policy statement, which offers sentence reductions only to those defendants whose original sentences are not already below newly reduced guideline ranges, to a defendant whose crime occurred before that...

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