U.S. v. Sanchez

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 11-3529
Decision Date: 
March 6, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in sentencing defendant to 262-month term of incarceration on drug conspiracy charge based in part on 2-level enhancement under section 2D1-1(b)(12) of USSG for maintaining premises for purposes of distributing controlled substance. Although said enhancement did not become effective until over one year after defendant committed said offense, Dist. Ct.’s use of said enhancement did not violate ex post facto clause since, under Demaree, 459 F3d 791, amendments to advisory sentencing guidelines do not implicate ex post facto clause. Moreover, record factually supported imposition of said enhancement where defendant had regular practice of receiving drugs at his home, and where defendant received massive amounts of cocaine in his home and garage that sometimes totaled 40 kilograms in one setting.