United States v. Anibal Pastor-Oliver

988 F.2d 125 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anibal PASTOR-OLIVER, Defendant-Appellant. No. 92-30323. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided Feb. 25, 1993. Appeal from the United States District Court for the Eastern District of Washington, No. CR-92-71-FVS; Fred L. Van Sickle, District Judge, Presiding. E.D.Wash. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Anibal Pastor-Oliver appeals the 24-month sentence imposed after his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Pastor-Oliver contends that the district court violated the Ex Post Facto Clause of the Constitution by increasing his base offense level under the 1991 amendment to U.S.S.G. § 2L1.2(b)(2) because of a prior conviction that occurred before the amendment's enactment. We have jurisdiction under 28 U.S.C.…