The Defender Services Office Training Division furthers the right to effective assistance of counsel by providing training and other resources to attorneys appointed under the Criminal Justice Act.

Supreme Court Holds That Ex Post Facto Clause Applies to Advisory Guidelines

Today, the Supreme Court issued an opinion in Peugh v. United States (No. 12-62), holding 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.  This is so, notwithstanding that the Guidelines are now advisory, because “[a] retrospective increase in the Guidelines range applicable to a defendant creates a sufficient risk of a higher sentence to constitute an ex post facto violation.”   For more on the opinion see this SCOTUSblog post.

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