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Litigation

Jun. 11, 2013

Federal sentencing guidelines can't be applied retroactively, justices say

They may no longer be binding, but the U.S. Federal Sentencing Guidelines are still within reach of the Constitution's Ex Post Facto Clause, the U.S. Supreme Court ruled on Monday.


By Hamed Aleaziz


Daily Journal Staff Writer


They may no longer be binding, but the U.S. Federal Sentencing Guidelines are still within reach of the Constitution's Ex Post Facto Clause, the U.S. Supreme Court ruled on Monday.


In a 5-4 decision, the court ruled that sentencing a defendant under a version of the sentencing guidelines adopted after the crime was committed runs afoul of the Constitution's prohibition of ex post facto laws, ...

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