Toroguet-Cervantes v. United States

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