United States v. Dario Restrepo

BOOCHEVER, Circuit Judge:

Dario Restrepo appeals his forty-six month prison sentence imposed after he was convicted of two counts of distribution of cocaine. The primary issue before us is whether the district court erred in considering conduct that did not result in Restre-*650po’s conviction in determining his offense level under the Sentencing Guidelines. We also consider the standard of proof to be used to establish a factor enhancing a sentence under the Guidelines, and whether the application of the June 15, 1988 Guidelines to Restrepo violated the ex post facto clause. We affirm.

BACKGROUND

On…