United States v. Lata

BOUDIN, Chief Judge.

The appeal in this case presents the question whether a defendant who committed a crime and was sentenced prior to United States v. Booker, — U.S. ——, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), can be given a sentence that is within the statutory maximum but higher than the sentence that he would normally have received (absent departures) under the mandatory guideline regime. We conclude, without difficulty, that the ex post facto clause of the Constitution is not offended by this result; and, on the present facts, no due process -objection to the higher sentence can be…