Tag Archive ‘Ex Post Facto Clause’

 

Gregory L. Poe Aug 24th, 2010The Ex Post Facto Clause and the United States Sentencing Guidelines

The Second Circuit recently decided a case, United States v. Kumar, Nos. 06-5654-cr, 06-5482-cr (August 12, 2010), that implicates a basic principle of punishment: May a defendant’s sentence in a federal criminal case be increased based on sentencing guidelines that were created after the criminal conduct at issue? According to two members of the panel, [...]