United States v. Lennon

PRECEDENTIAL Argued: March 24, 2004 OPINION Christine Lennon appeals a final judgment of conviction and sentence entered by the District Court. Lennon pled guilty to being ""found in the United States, having knowingly and unlawfully re-entered the United States"" in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Lennon claims that the District Court's sentencing analysis violated her rights under the Constitution's Ex Post Facto clause. In part, this analysis turns on defining the nature of the offense to which Lennon pled. We have jurisdiction under 28 U.S.C. § 1291 and, for the reasons that follow, we will affirm.