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09-2778•United States of America v. Abdelhamid Sedrati
09-2778Court of Appeals for the Seventh CircuitFeb 17, 2010
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 11, 2010∗
Decided February 17, 2010
Before
FRANK H. EASTERBROOK, Chief Judge
DANIEL A. MANION, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 09-2778
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ABDELHAMID SEDRATI,
Defendant-Appellant.
Appeal from the United
States District Court for the
Northern District of Illinois,
Eastern Division.
No. 00 CR 1043
Matthew F. Kennelly, Judge.
Order
Appellant’s brief presents a single contention: that United States v. Demaree, 459
F.3d 791 (7th Cir. 2006), should be overruled. Demaree holds that a district judge must
use the sentencing manual that is in force on the date of sentencing, and that doing so
does not violate the Ex Post Facto Clause. We have been asked many times to
reconsider Demaree and have just as often declined. Appellant does not present a new
argument, so there is no reason for this court to give this issue further consideration.
Appellant has preserved his contentions for presentation to the Supreme Court. Given
Demaree, appellant’s sentence is unexceptionable. The judgment therefore is affirmed.
∗ After examining the briefs and the record, we have concluded that oral argument is unnecessary.
See Fed. R. App. P. 34(a); Cir. R. 34(f).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
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