DeGeorge

MEMORANDUM **

Rex K. DeGeorge (“DeGeorge”) appeals his sentence following our decision in United States v. DeGeorge, 380 F.3d 1203 (9th Cir.2004) (“DeGeorge I”), affirming his conviction and remanding for resentencing. *766 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

DeGeorge first argues that “persistent and relentless false accusations and assertions by the prosecutors influenced the court and the sentence and restitution orders in violation of Due Process.” Based upon his citations to the record, DeGeorge appears to be referring to the prosecution’s efforts to recapture the two-level upward adjustment for obstruction of justice that was reversed by this court in DeGeorge I, 380 F.3d at 1222-23 , and that the district court declined to apply on remand. Neither DeGeorge’s citations to the record, nor our independent review of it, reveal any “persistent and relentless false accusations and assertions” by the prosecution. We therefore reject this argument.

DeGeorge next asserts that the application of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), to his resentencing violates the Ex Post Facto Clause (Article I) and Due…