United States v. Reginald Levi

HANSEN, Circuit Judge.

Reginald Levi appeals the 13-month term of imprisonment the district court 1 imposed on him following revocation of his supervised release. He contends that his sentence violates the Ex Post Facto Clause because the court relied on a policy statement in the Sentencing Guidelines, U.S.S.G. § 7B1.3(d), which was not in effect at the time he committed the underlying offense. He also contends that the district court erred in sentencing him pursuant to U.S.S.G. § 7B1.3(d) because it conflicts with the language of the enabling statute, 18 U.S.C. § 3583(e). We affirm.

BACKGROUND: