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Monday, June 10, 2013

Ind. Decisions - SCOTUS decides 7th Circuit case today [Updated]

The case is Peugh v. United States. Here is the SCOTUSblog case page. From SCOTUSblog:

Amy Howe: The decision of the SEventh Circuit is reversed, the case is remanded. The Court is splintered. Justice Sotomayor delivers the opinion of the Court except for one part. The Ex Post Facto Clause is violated when a defendant is sentenced under guidelines promulgated after he committed his acts, and the new version of the guidelines provides for a higher sentence than the one in effect at the time he committed his act. * * *

Tom: The big fight in the case was whether the Sentencing Guidelines are important enough to trigger Ex Post Facto review given that they are no longer binding -- the majority says they arent. The ruling will be significant to the ability of courts to apply tougher new sentencing guidelines to pending cases. It is also a strong reaffirmation of the Ex Post Facto Clause.

Here is the opinion.

[Updated at 2:16 PM]
Here are write-ups on the opinion from SCOTUSblog's Amy Howe, and Sentencing Law blog.

Posted by Marcia Oddi on June 10, 2013 10:09 AM
Posted to Ind. (7th Cir.) Decisions