February 27, 2013
On February 26, 2013, the Supreme Court heard oral argument in Peugh v United States. The question in this case is whether a court violates the Constitution’s prohibition on “ex post facto” laws by using the U.S. Sentencing Guidelines in effect at the time of a defendant’s sentencing rather than those in effect at the time of the underlying offense, when the newer Guidelines create a significant risk that the defendant will receive a longer sentence.
To discuss the case, we have Carissa Byrne Hessick, who is a Professor of Law at Sandra Day O’Connor School of Law.