Filed: May 18, 2000
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-3132 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * Avery Parker Boyd, Jr., * [UNPUBLISHED] * Appellant. * _ Submitted: May 5, 2000 Filed: May 18, 2000 _ Before LOKEN, FAGG, and HANSEN, Circuit Judges. _ PER CURIAM. Avery Parker Boyd, Jr. appeals the district court's imposition of a term of imprisonment and supervised release following the revoca
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-3132 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * Avery Parker Boyd, Jr., * [UNPUBLISHED] * Appellant. * _ Submitted: May 5, 2000 Filed: May 18, 2000 _ Before LOKEN, FAGG, and HANSEN, Circuit Judges. _ PER CURIAM. Avery Parker Boyd, Jr. appeals the district court's imposition of a term of imprisonment and supervised release following the revocat..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 99-3132
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Missouri.
*
Avery Parker Boyd, Jr., * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: May 5, 2000
Filed: May 18, 2000
___________
Before LOKEN, FAGG, and HANSEN, Circuit Judges.
___________
PER CURIAM.
Avery Parker Boyd, Jr. appeals the district court's imposition of a term of
imprisonment and supervised release following the revocation of Boyd's original term
of supervised release. For reversal, Boyd argues his revocation sentence violates ex
post facto and due process principles because 18 U.S.C. ยง 3583(h) was applied to him
even though it was enacted after he committed the underlying offense of conviction.
We reject Boyd's argument. First, Boyd did not raise this argument in the district court.
Second, Boyd's argument is foreclosed by this court's opinion in United States v. St.
John,
92 F.3d 761 (8th Cir. 1996). We affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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