United States v. Williams

883 F.2d 1025 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jesus PEREZ-ORTEGA, Defendant-Appellant. 1 No. 89-50073. 2 United States Court of Appeals, Ninth Circuit. Argued and Submitted June 29, 1989. Decided Aug. 23, 1989. 3 Before ALARCON and NELSON, Circuit Judges, and PAUL G. ROSENBLATT, * District Judge. 4 MEMORANDUM ** 5 Jesus Perez-Ortega appeals from the judgment of the district court entered after he pled guilty to transporting illegal aliens in violation of 8 U.S.C. Sec. 1324 . Perez-Ortega challenges the imposition of a twenty-seven month sentence, which is a departure from the sentencing guideline range of four to ten months for his offense, and seeks re-sentencing on the following grounds: 6 One. The district court's reliance on a commentary to the Sentencing Guidelines adopted after the date of Perez-Ortega's offense violated the ex post facto clause of the United States Constitution.…