NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Submitted September 24, 2007* Decided September 25, 2007

Before

Hon. RICHARD A. POSNER, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

Hon. ILANA DIAMOND ROVNER, Circuit Judge

No. 07-1049

UNITED STATES OF AMERICA, Appeal from the United States Plaintiff-Appellee, District Court for the Northern District of Illinois, Eastern Division v. No. 04-CR-1012-1 KRZYSTOF STOJKOWSKI, Defendant-Appellant. James B. Zagel, Judge.

ORDER

Krzystof Stojkowski pleaded guilty to bank fraud, see 18 U.S.C. § 1344, and the district court imposed a below-guidelines sentence of 96 months’ imprisonment. Stojkowski appeals and contends only that the district court violated the ex post facto clause by determining his guidelines range using the Sentencing Guidelines Manual in effect at the time of sentencing, not the manual in effect during the

* After examining the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2). No. 07-1049 Page 2

commission of his offense. Had the parties used the latter manual, he argues, his total offense level would be reduced by one. Stojkowski acknowledges that this contention contravenes current precedent, and that he raises the issue strictly to preserve it for further review. See United States v. Demaree, 459 F.3d 791 (7th Cir. 2006), cert denied, 127 S.Ct 3055 (2007) (holding ex post facto clause inapplicable to sentencing guidelines).

Accordingly, the judgment of the district court is AFFIRMED.