Sentencing Guidelines Regain Footing In Supreme Court

Law360, New York (June 10, 2013, 9:25 PM EDT) -- The U.S. Supreme Court ruled Monday that it is unconstitutional for judges to retroactively apply sentencing guidelines that are more severe than those in effect at the time of an offense, drawing applause from criminal defense attorneys while reinforcing the power of the nonbinding guidelines.

The high court’s 5-4 ruling in Peugh v. United States found that such sentences violate the “ex post facto” clause of the Constitution, which bars laws that retroactively increase the punishment for a given offense. The finding reversed a Seventh Circuit...
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