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United States v. Gilmore

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Argued: October 14, 2008

Before: LEVAL, KATZMANN, LIVINGSTON, Circuit Judges.

Defendant Gregory Gilmore appeals from the judgment of the United States District Court for the Eastern District of New York (Glasser, J.) sentencing him to thirty years’ imprisonment. In sentencing the defendant, the district court referred to the 2004 version of the United States Sentencing Guidelines (the “Guidelines”), which prescribed a harsher sentence than the 2003 version of the Guidelines, which was in effect at the time of his offense, not as part of its initial Guidelines analysis, but rather as relevant to an assessment of the seriousness of Gilmore’s offense and the reasonableness of imposing a non-Guidelines sentence. We reject the defendant’s contention that the court’s reference to the later version of the Guidelines was a violation of the Ex Post Facto Clause, U.S. Const. art. I, § 9, cl. 3.

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