United States v. Stanley McCall

WINTER, Circuit Judge:

■ Stanley McCall appeals from a sentence imposed after a guilty plea. He argues that the district court applied a Sentencing Guidelines section based on his “real conduct” rather than on the offense for which he was convicted. This objection was never presented to the district court. He also argues, again for the first time, that his sentencing under the Guidelines violates the ex post facto clause of the Constitution. We reach the first issue and agree that the district court should have determined the relevant Guidelines section on the basis of McCall’s offense of…