United States v. Martinez-Ovalle, No. 19-10957 (5th Cir. 2020)
Annotate this CaseThe Fifth Circuit vacated defendant's sentence for illegal reentry after removal. The court held that the Ex Post Facto Clause required the sentencing court to apply the 2016 Guidelines to his 2018 offense. The court explained that, under the 2016 Guidelines, those in effect when defendant's crime concluded, his sentencing range would have been 18–24 months. However, under the 2018 Guidelines, defendant's sentencing range jumped to 30–37 months. Therefore, the court held that defendant was ultimately sentenced under the 2018 sentencing range, and the disparity between the 2016 Guidelines range means that he was sentenced in violation of the Ex Post Facto Clause.
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