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Panel Breaks With Prior Panel Precedent; Holds Ex Post Facto Clause Does Not Apply to Guidelines Increases Post-Booker

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United States v. Castillo-Estevez, No. 09-40096 (5th Cir. Feb. 9, 2010) (Jones, Smith, Elrod)Here we have an instance of dueling panels. Castillo-Estevez holds that any error in the district court application of the Sentencing Guidelines was not plain, despite the fact that there is controlling circuit precedent on the precise question at issue, and under that precedent the district court

Full post as published by Fifth Circuit Blog on February 11, 2010 (boomark / email).

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The Ex Post Facto Clause In The Post-Booker World

9th Circuit Holds that SORNA Prosecution Violates Ex Post Facto Clause (for Juveniles)

Notable student note defending a new ex post facto analysis after BookerI

Retroactive Requirement to Register as Sex Offenders Violates Ex Post Facto Clause When Applied to Juvenile Offenders:

DC Circuit produces crisp split on ex post issues after Booker (finally!!)

DC CIrcuit notes, then avoids, circuit split over ex post facto Booker issue

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