United States v. Myers, No. 13-30778 (5th Cir. 2014)
Annotate this CaseDefendant appealed her sentence after being convicted of several counts of identity-theft-related crimes. Although defendant argued that there had been an Ex Post Facto Clause violation for the first time in her untimely filed reply brief, the court exercised its discretion to consider this argument because it is a question of law and because the misapplication of the guidelines in effect at the time of her sentencing caused a significant disparity between the sentence defendant received and the sentence she would have received had the guidelines in effect at the time of her offense been applied. The court found error in the district court's application of the 2012 sentencing guidelines and, because defendant's sentence is increased by 42-51 months, the court held that the misapplication of the six-level increase seriously affects defendant's substantial rights and offends the fairness, integrity, or public reputation of judicial proceedings. Accordingly, the court vacated and remanded for resentencing.
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