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PEUGH v. UNITED STATES

Docket No.: 12-62
Certiorari Granted: Nov 9 2012
Argued: February 26, 2013
Decided: June 10, 2013

Topics:

Federal Sentencing Guidelines, Sixth Amendment, sentencing guidelines

PartyNames: Marvin Peugh v. United States
Petitioner: Marvin Peugh
Respondent: United States

Court Below: United States Court of Appeals for the Seventh Circuit
Citation: 675 F.3d 736
Supreme Court Docket

Marvin Peugh
v.
United States
Background:

The U.S. Sentencing Guidelines Manual directs a court to "use the Guidelines Manual in effect on the date that the defendant is sentenced" unless "the court determines that use of the Guidelines Manual in effect on the date that the defendant is sentenced would violate the Ex Post Facto Clause of the United States Constitution." Eight courts of appeals have held that the Ex Post Facto Clause is violated where retroactive application of the Sentencing Guidelines creates a significant risk of a higher sentence. In the decision below, however, the Seventh Circuit has held that the Ex Post Facto Clause is never violated by retroactive application of the Sentencing Guidelines because the Guidelines are advisory, not mandatory.

Question Presented:

Does a sentencing court violate the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the time of sentencing rather than the Guidelines in effect at the time of the offense, if the newer Guidelines create a significant risk that the defendant will receive a longer sentence?

PEUGH v. UNITED STATES
ORAL ARGUMENT

February 26, 2013

Listen to Oral Argument in PEUGH v. UNITED STATES
Holding: REVERSED AND REMANDED
Vote: 5-4
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