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08-2008 - USA v. Thomas Carr


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08-2008 - USA v. Thomas Carr
December 22, 2008
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Filed opinion of the court by Judge Posner. We have CONSOLIDATED for decision the appeals in two cases that raise overlapping issues, primarily under the ex post facto clause of Article 1, section 9, of the Constitution. Because this ruling creates an intercircuit conflict, we have circulated our opinion to the full court before issuing it, as required by Circuit Rule 40(e). There were no votes to hear the case en banc. The judgment in Dixon???s case is REVERSED with directions to acquit; the judgment in Carr???s case is AFFIRMED. Frank H. Easterbrook, Chief Judge; Richard A. Posner, Circuit Judge and Ilana Diamond Rovner, Circuit Judge. [08-1438, 08-2008]--[Edited 01/07/2009 by JR]