United States v. Abdelhamid Sedrati

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 February 11, 2010∗ Decided February 17, 2010 Before FRANK H. EASTERBROOK , Chief Judge DANIEL A. MANION, Circuit Judge TERENCE T. EVANS, Circuit Judge No. 09-2778 Appeal from the United UNITED STATES OF AMERICA, States District Court for the Plaintiff-Appellee, Northern District of Illinois, Eastern Division. v. No. 00 CR 1043 ABDELHAMID SEDRATI, Matthew F. Kennelly, Judge. Defendant-Appellant. Order Appellant’s brief presents a single contention: that United States v. Demaree, 459 F.3d 791 (7th Cir. 2006), should be overruled. Demaree holds that a district judge must use the sentencing manual that is in force on the date of sentencing, and that doing so does not violate the Ex Post Facto Clause. We have been asked many times to reconsider Demaree and have just as often declined. Appellant does not present a new argument, so there is no reason for this court to give this issue further consideration. Appellant has preserved his contentions for presentation to the Supreme Court. Given Demaree, appellant’s sentence is unexceptionable. The judgment therefore is affirmed. ∗ After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. App. P. 34(a); Cir. R. 34(f).