Alizondo

MEMORANDUM **

Anthony Alizondo challenges his sentence for (1) conspiracy to possess and use counterfeit and unauthorized access devices and to possess items stolen from the U.S. mails, in violation of 18 U.S.C. §§ 371 , 1029(a), and 1708; (2) trafficking in and use of unauthorized access devices, in violation of 18 U.S.C. § 1029 (a)(2); and (3) possession of document-making devices with intent to use them to produce false identification, in violation of 18 U.S.C. § 1028 (a)(5). The district court first sentenced Alizondo to a 46-month prison term — at the low end of the applicable 46-63 month range. We vacated that sentence after Alizondo and the Government agreed that the district court’s use of the 2000 edition of the Sentencing Guidelines had resulted in an ex post facto violation. On remand, the district court sentenced Alizondo to the same prison term, 46 months, at the mid-point of the 41-51 month range. The court also ordered a higher restitution amount — $6,384,839.71 rather than the initial $3,852,086.14— based on the Government’s new evidence of the amount of loss for which Alizondo was responsible. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. §…