• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

ZMO Law

  • About Us
  • Attorneys
    • ZMO Law Team
    • Zachary Margulis-Ohnuma
    • Tess Cohen
    • Shane Finn
  • Practice Areas
    • Criminal Appeals
    • Civil Rights
    • Healthcare Crimes
    • Sex Crimes
    • Federal Crimes
    • Victims Rights
  • In The News
  • ZMO Law Blog
  • Contact

Jun 09 2013 Child Pornography, Civil Rights Advocacy, Crime and Technology, First Amendment, Prisoners' Rights, Sentencing, Sex Crimes, What's New, White Collar Crime

The Supreme Court Rules on Ex Post Facto and the Federal Sentencing Guidelines

By Zachary Margulis-Ohnuma

Back when the federal Sentencing Guidelines were mandatory, there was broad agreement that an increase in a guideline after the completion of a crime could not be applied without violating the Constitution’s Ex Post Facto Clause, which protects against such after-the-fact increases in punishment. But since 2005, the government has been arguing that that rule no longer applies since the Guidelines are no longer mandatory and therefore an increase in a Guideline does not necessarily increase the sentence. The Supreme Court shut that argument down today in U.S. v Peugh, holding that sentencing a defendant based on a sentencing range that was increased after his crime was completed violates the Ex Post Facto Clause. In certain cases — especially fraud and child pornography — the decision has dramatic consequences because the applicable guidelines have been repeatedly and precipitously increased over the years. Peugh appears to harden the Second Circuit rule, established in U.S. v Ortiz, under which reversal was only required if the ex post facto violation could be shown to have affected the sentence. At sentencing, defendants need to carefully consider the guidelines in effect at the time of the crime as well as the current guidelines.

Primary Sidebar

Topics

  • Child Pornography
  • Civil Rights Advocacy
  • Crime and Technology
  • First Amendment
  • Healthcare Fraud
  • News
  • Prisoners' Rights
  • Sentencing
  • Sex Crimes
  • What's New
  • White Collar Crime

Recent Entries

  • A Little Drug Relief? June 5, 2025
  • Welcoming attorney Shane Finn to ZMO Law April 28, 2025
  • Is Matt Gaetz a sex trafficker? November 20, 2024

CONTACT US NOW

NEW YORK: 212-685-0999
24 HOUR: 515-966-5291

Name(Required)
Previous Idriss Abdelrahman, Falsely Accused of Supporting Al Qaeda, Returns to Mali
Next NACDL Asks U.S. Sentencing Commission to Focus on Fraud, Child Porn Guidelines

Footer

ZMO Law PLLC

We serve the following localities: New York City including New York County, Bronx County, Kings County, and Queens County; and Westchester County.

Learn More

Practice Areas
  • Sex Crimes
  • Federal Crimes
  • Civil Rights
  • Health Care Crimes
Contact Us

ZMO Law PLLC
353 Lexington Avenue, Suite 900
New York, NY 10016
Phone: (212) 685-0999

  • linkedin
  • facebook-alt
  • x
  • Criminal Court Process
  • Glossary of Legal Terms
  • NYS Statement of Client’s Rights
  • Criminal Investigation
  • Servicios en Español
  • Reviews
  • Disclaimer
  • Privacy Policy
  • Terms of Service

Copyright © 2025 · ZMO Law PLLC | Sitemap