Criminal Defense of Immigrants

(C)  Ex Post Facto Prohibition Against Retroactivity in Criminal Cases.  Obviously, this sort of retroactive application of criminal laws is forbidden by the Ex Post Facto Clauses of the Constitution.  Since illegal re-entry is a criminal offense, Ex Post Facto doctrines govern the definition of aggravated felony that may be employed in the sentence enhancement context.[246]

[246] United States v. Valladares, 304 F.3d 1300 (8th Cir. Sept. 26, 2002) (California conviction for second-degree robbery under Penal Code § 211 constituted an aggravated felony within meaning of version of Sentencing Guidelines in effect at time of defendant’s current offense, so that application of amended guideline, which provided for the same increase, did not violate the Ex Post Facto Clause).