United States v. Nancy Bucaro, Larry Lawrence, George Jose Turner, Andre Rashid Kirby and Monica Johnson. Appeal of Andre Kirby

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

In this appeal, we must decide whether a criminal defendant’s prior adjudications of juvenile delinquency under Pennsylvania law can be taken into account under the federal sentencing guidelines. The guidelines expressly allow consideration of prior adjudications of juvenile delinquency. Appellant Andre Rashid Kirby (Kirby) contends that the guideline directing their consideration is a violation of the constitutional prohibition against ex post facto laws and, on this record, also a violation of his due process rights. We reject Kirby’s arguments…