USA v. Stojkowski, Krzystof, No. 07-1049 (7th Cir. 2007)

Annotate this Case

Download PDF

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted September 24, 2007* Decided September 25, 2007 Before Hon. RICHARD A. POSNER, Circuit Judge Hon. MICHAEL S. KANNE, Circuit Judge Hon. ILANA DIAMOND ROVNER, Circuit Judge No. 07-1049 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KRZYSTOF STOJKOWSKI, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division No. 04-CR-1012-1 James B. Zagel, Judge. ORDER Krzystof Stojkowski pleaded guilty to bank fraud, see 18 U.S.C. § 1344, and the district court imposed a below-guidelines sentence of 96 months imprisonment. Stojkowski appeals and contends only that the district court violated the ex post facto clause by determining his guidelines range using the Sentencing Guidelines Manual in effect at the time of sentencing, not the manual in effect during the * After examining the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2). No. 07-1049 Page 2 commission of his offense. Had the parties used the latter manual, he argues, his total offense level would be reduced by one. Stojkowski acknowledges that this contention contravenes current precedent, and that he raises the issue strictly to preserve it for further review. See United States v. Demaree, 459 F.3d 791 (7th Cir. 2006), cert denied, 127 S.Ct 3055 (2007) (holding ex post facto clause inapplicable to sentencing guidelines). Accordingly, the judgment of the district court is AFFIRMED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.