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, [...]
Gregory L. Poe Feb 6th, 2010What is the Purpose of Restitution in a Federal Criminal Case?
A recent Tenth Circuit case, United States v. Speakman, No. 08-1332 (Feb. 2, 2010), presents an interesting question in federal criminal practice: May a district court order a defendant to pay restitution for the purpose of punishment even if the payment does not compensate the victim? According to the Tenth Circuit, the answer is no. [...]
