United States v. Saenz-Forero

DeMOSS, Circuit Judge:

Defendant-appellant Hernando Saenz-Forero pleaded guilty on February 3,1993 to illegally attempting to re-enter the United States after having been previously arrested and deported. 8 U.S.C. § 1326. 1 He appeals his 41-month sentence, claiming (1) that the trial court violated the Ex Post Facto Clause of the United States Constitution by using a 1985 conviction to enhance his sentence; and (2) that he received ineffective assistance of counsel. Finding no basis for reversal or modification of Saenz-Forero’s sentence, we AFFIRM.

FACTS AND PROCEDURAL BACKGROUND

On December…