Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

Defendants appeal their sentences and convictions resulting from a thirty-one count indictment for their involvement in a scheme to defraud investors in telecommunication companies, known as competitive local exchange carriers. At issue was whether the district court violated the Ex Post Facto Clause by applying a different Sentencing Guideline range than what was in effect at the time of the offense. The court held that the district court's failure to apply the Sentencing Guidelines in effect at the time of the offense did not violate the Ex Post Facto Clause where the use of the Sentencing Guidelines in effect at the time of sentencing did not raise a substantial risk of a harsher punishment for defendants. The court also held that the defendants' numerous other arguments were without merit.