Legal Opinion
United States v. Canon
Court of Appeals for the Ninth Circuit
Decided September 28, 1995No. Nos. 93-50847, 93-50848PublishedCited by 18 opinions
1Opinion of the Court
Opinion by Judge T.G. NELSON; Dissent by Judge LEAVY.
T.G. NELSON, Circuit Judge:
Douglas E. Canon and Robert J. Delang appeal their sentences contending that it was a violation of the Ex Post Facto Clause of the Constitution for the district court to consider a sentencing guideline provision adopted after the date of the crime as a guide in an upward departure. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291, and we vacate the sentences and remand for resentencing.
FACTS AND PROCEDURAL HISTORY
This case is back before us following a remand for resentencing. In the first…
2Cases cited15 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Miller v. FloridaSupreme Court of the United States · 1987
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. Anthony Wayne Fagan, United States of America v. Anthony Wayne FaganCourt of Appeals for the Ninth Circuit · 1993
- United States v. Roberto Nicolas CastroCourt of Appeals for the Ninth Circuit · 1992
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Curtis R. Martin, Jr., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 2002
- United States v. SarnoCourt of Appeals for the Ninth Circuit · 1995
- United States v. Ramos-OsegueraCourt of Appeals for the Ninth Circuit · 1997
- United States v. Nelson Logal, Aarid Dahod, A.K.A. Aarid Mansur Dahodwala, John KuczekCourt of Appeals for the Eleventh Circuit · 1997
- United States v. Chi MakCourt of Appeals for the Ninth Circuit · 2012
13 more not listed; retrieve them via the Exa API.