A blog of the Philadelphia Bar Association’s Criminal Justice Section

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By Burt Rose

Click for Opinion

On June 10, 2013, the SUPREME COURT OF THE UNITED STATES decided MARVIN PEUGH, PETITIONER v. UNITED STATES, No. 12–62, 2013 WL 2459523, reversing the UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, 675 F.3d 736.

JUSTICE SOTOMAYOR delivered the opinion of the Court for a 5-4 majority (with Justice Kennedy providing the swing vote once again).

Ex post facto laws are laws that change the punishment, and inflict a greater punishment, than the law annexed to the crime when committed. The U. S. Sentencing Guidelines have set forth an advisory sentencing range for each defendant convicted in federal court. The Court held that there is an ex post facto violation when a defendant is sentenced under Guidelines promul­gated after he committed his criminal acts and the new version provides a higher applicable Guidelines sentencing range than the version in place at the time of the offense.

Among the lawyers for Mr. Peugh was  Stephanos Bibas of Philadelphia.

Click for report from New York Times

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