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U.S. v. MARTINEZ-OVALLE

No. 19-10957.

956 F.3d 289 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Ismael MARTINEZ-OVALLE, Defendant-Appellant,

United States Court of Appeals, Fifth Circuit.

April 10, 2020.

Attorney(s) appearing for the Case

Brian W. Portugal , Assistant U.S. Attorney, Leigha Amy Simonton , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

James Matthew Wright , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Amarillo, TX, Gabriela Vega , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before DENNIS, GRAVES, and WILLETT, Circuit Judges.

In this sentencing appeal, Jose Ismael Martinez-Ovalle contends that the district court violated the Ex Post Facto Clause by sentencing him under the 2018 Sentencing Guidelines (those in effect when he was sentenced) rather than under the more lenient 2016 Guidelines (those in effect when he committed his crime). We...

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