Intriguing ex post Booker issue from Second Circuit

This article from the Connecticut Post concerning the sentencing of a former state senator alerted me to an intriguing (unpublished) opinion from the Second Circuit in US v. Newton, No. 06-0714 (2d Cir. Nov. 30, 2006) (available here).  Newton is interesting in part because of the consideration (and ultimate avoidance) of ex post facto issues after Booker as to which version of the guidelines should apply.  As detailed in posts noted below, I think this is a huge topic that is not being fully explored in lower court post-Booker jurisprudence.

• Seventh Circuit holds ex post facto no longer applicable to guideline changes after Booker
• Who will be most sorry about Demaree?
• Ninth Circuit (unwittingly?) creates Booker ex post circuit split