United States v. Lewis

MEMORANDUM OPINION

(Finding that Application of 2008 Guidelines Violates Ex Post Facto Clause of the United States Constitution)

HENRY E. HUDSON, District Judge.

The defendant in this case, Derrick E. Lewis, was convicted by a jury of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Following the preparation of a Presentence Investigation Report by the U.S. Probation Office, the case is before the Court for the imposition of sentence. The defendant, however, has interposed an objection to the probation officer’s reliance upon the 2008 edition of the United…