Moreno-Zamarron
United States v. Moreno-Zamarron
Opinion
Lead Opinion
MEMORANDUM **
Appellant Arturo Moreno-Zamarron appeals the sentence imposed after his conviction by guilty plea for illegal reentry after deportation in violation of 8 U.S.C. U.S.C. § 1326. We affirm. 2 Because the facts are familiar to the parties, we will not recount them here. Our decision in Unit *876 ed States v. Guzman-Bruno, 27 F.3d 420, 422 (9th Cir.1994), is controlling here. Guzman-Bruno establishes that:
1. A defendant is normally sentenced under the version of the Guidelines in effect at the date of sentencing. Guzman-Bruno, 27 F.3d at 422 .
2. Although the application of the most recent version of the Guidelines may be barred by the ex post facto clause “if it disadvantages the offender, such as when a sentencing provision has been increased between the time the offense is committed and the time of sentencing,” there is no ex post facto violation in application of the version of the Guidelines in effect when the last element of the crime was completed. Id. (citation omitted).
3. A violation of § 1326 is a continuing offense which continues as long as the returnee remains in the United States after reentry. See id. at 422-23.