Toroguet-Cervantes v. United States

How later courts describe this case

• recognizing that the statutory maximum sen tence, not the guideline sentence, is the maximum sentence permitted by law
• recognizing that the statutory maximum sentence, not the guideline sentence, is the maximum sentence permitted by law
• finding that application of the Booker remedial opinion does not violate ex post facto principles where statute imposes maximum sentence of life imprisonment
• stating that even after Booker, a sentencing court still may consider conduct of which a defendant was acquitted, “as long as the government proves the acquitted conduct relied upon by a preponderance of the evidence.”
• decided under plain error review