By Burt Rose
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.