United States v. Abdelhamid Sedrati

365 F. App'x 30

• Court: Court of Appeals for the Seventh Circuit
• Decided: February 17, 2010
• Docket: 09-2778
• Status: Unpublished

Opinion

Order

Appellant’s brief presents a single contention: that United States v. Demaree, 459 F.3d 791 (7th Cir.2006), should be overruled. Demaree holds that a district judge must use the sentencing manual that is in force on the date of sentencing, and that doing so does not violate the Ex Post Facto Clause. We have been asked many times to reconsider Demaree and have just as often declined. Appellant does not present a new argument, so there is no reason for this court to give this issue further consideration. Appellant has preserved his contentions for presentation to the Supreme Court. Given Demaree, appellant’s sentence is unexceptionable. The judgment therefore is affirmed.