U.S. v. SUMMERS

Nos. 98-2010, 98-2012 and 98-2013.

176 F.3d 1328 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher SUMMERS, a.k.a. Christopher Summers, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 26, 1999.


Attorney(s) appearing for the Case

Thomas S. Keith, Assistant Federal Public Defender, Pensacola, FL, for Defendant-Appellant.

P. Michael Patterson, U.S. Attorney, Tallahassee, FL, William Wagner, Assistant U.S. Attorney, Gainesville, FL, for Plaintiff-Appellee.

William Henry Stafford, III, Assistant U.S. Attorney, Pensacola, FL, for Plaintiff-Appellee in docket Nos. 98-2010 and 98-2013.

Before EDMONDSON and CARNES, Circuit Judges, and WATSON, Senior Judge.


WATSON, Senior Judge:

Defendant-Appellant Christopher Summers challenges the two-level increase in his offense level determination made by the sentencing judge for making a "threat of death" during a bank robbery.

Because we find that the amended Sentencing Guideline applied to Summers increased his punishment over that provided at the time of his crime, we hold that it was applied to him in violation of the Ex Post Facto clause of the United States...

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