United States v. Robert Welch

OPINION

MERRITT, Circuit Judge.

This is a direct criminal appeal from a guilty plea for counterfeiting. Defendant raises two sentencing issues on appeal. First, he contends that the district court violated the Ex Post Facto Clause of the United States Constitution when it calculated his offense level by relying on an amendment to U.S.S.G. § 2B5.1 that became effective between the time of his illegal conduct and his sentencing date, thereby impermissibly subjecting him to a harsher sentence than he would have been subject to at the time of the illegal conduct. Second, defendant contends that the…