Legal Opinion
United States v. Ortiz
Court of Appeals for the Second Circuit
Decided September 1, 2010No. Docket 08-2648-crPublishedCited by 18 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge.
This appeal primarily presents the issue of whether, and under what circumstances, a more onerous guideline, issued by the United States Sentencing Commission after the date of an offense, renders a sentence imposed under the advisory Guidelines regime in violation of the Ex Post Facto Clause. The issue arises on an appeal by Defendant-Appellant Eric Ortiz from the May 27, 2008, judgment of the District Court for the Eastern District of New York (Dora L. Irizarry, District Judge). We conclude that such a sentence can violate the Clause, but that the Clause was not…
2Cases cited22 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Miller v. FloridaSupreme Court of the United States · 1987
- Garner v. JonesSupreme Court of the United States · 2000
- United States v. Rebecca S. DemareeCourt of Appeals for the Seventh Circuit · 2006
- Joan Gronowski v. John D. Spencer, Mayor of the City of Yonkers, Sued in His Individual Capacity, and City of Yonkers, Docket No. 04-2605-CvCourt of Appeals for the Second Circuit · 2005
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Peugh v. United StatesSupreme Court of the United States · 2013
- United States v. RiggiCourt of Appeals for the Second Circuit · 2011
- United States v. RobertsonCourt of Appeals for the Seventh Circuit · 2011
- United States v. WetheraldCourt of Appeals for the Eleventh Circuit · 2011
- United States v. RodriguezCourt of Appeals for the First Circuit · 2010
13 more not listed; retrieve them via the Exa API.