Peugh v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-62 | 7th Cir. |
Feb 26, 2013 |
Jun 10, 2013 | 5-4 | Sotomayor | OT 2012 |
Holding: The Constitution’s Ex Post Facto Clause prohibits federal courts from sentencing a defendant based on guidelines that were promulgated after he committed his crimes, when the new version of guidelines provides a higher sentencing range than the version in place at the time of the offense.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Sotomayor on June 10, 2013. Justice Ginsburg, Justice Breyer, and Justice Kagan joined the opinion in full and Justice Kennedy joined the opinion except as to Part III-C. Justice Thomas filed a dissenting opinion, in which Chief Justice Roberts, Justice Scalia and Justice Alito as to Parts I and II-C. Justice Alito filed a dissenting opinion in which Justice Scalia joined.
SCOTUSblog Coverage
- Opinion analysis: Four differing views leave ex post facto doctrine muddled but the result for the Guidelines is clear (Rory Little, June 12, 2013)
- Details: Peugh v. United States (Amy Howe, June 10, 2013)
- Argument recap: The ex post facto boundary remains murky (Rory Little, March 1, 2013)
- Argument preview: Are federal Sentencing Guideline amendments “law” or merely “advice” when applying the Ex Post Facto Clause? (Rory Little, February 25, 2013)
- Petition of the day (Ben Cheng, September 13, 2012)
| Date | Proceedings and Orders |
|---|---|
| Jun 13 2012 | Application (11A1188) to extend the time to file a petition for a writ of certiorari from June 26, 2012 to August 10, 2012, submitted to Justice Kagan. |
| Jun 13 2012 | Application (11A1188) granted by Justice Kagan extending the time to file until August 10, 2012. |
| Jul 16 2012 | Petition for a writ of certiorari filed. (Response due August 16, 2012) |
| Aug 7 2012 | Order extending time to file response to petition to and including September 17, 2012. |
| Aug 16 2012 | Brief amicus curiae of Illinois Association of Criminal Defense Lawyers filed. |
| Sep 10 2012 | Order further extending time to file response to petition to and including October 12, 2012. |
| Oct 12 2012 | Brief of respondent United States in opposition filed. |
| Oct 23 2012 | Reply of petitioner Marvin Peugh filed. |
| Oct 24 2012 | DISTRIBUTED for Conference of November 9, 2012. |
| Nov 9 2012 | Petition GRANTED. |
| Dec 18 2012 | SET FOR ARGUMENT ON Tuesday, February 26, 2013 |
| Dec 26 2012 | Joint appendix filed. (Statement of costs filed) |
| Dec 26 2012 | Brief of petitioner Marvin Peugh filed. |
| Dec 26 2012 | Motion to file Volume II of the joint appendix under seal filed by petitioner Marvin Peugh. |
| Jan 2 2013 | Brief amicus curiae of Illinois Association of Criminal Defense Lawyers filed. (Distributed) |
| Jan 3 2013 | Record from U.S.C.A. for 7th Circuit is electronic. |
| Jan 9 2013 | Motion DISTRIBUTED for Conference of February 15, 2013. |
| Jan 10 2013 | CIRCULATED. |
| Jan 25 2013 | Brief of respondent United States filed. (Distributed) |
| Feb 19 2013 | Motion to file Volume II of the joint appendix under seal GRANTED. |
| Feb 19 2013 | Reply of petitioner Marvin Peugh filed. (Distributed) |
| Feb 26 2013 | Argued. For petitioner: Stephen B. Kinnaird, Washington, D. C. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 10 2013 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, except as to Part III-C. Ginsburg, Breyer, and Kagan, JJ., joined that opinion in full, and Kennedy, J., joined except as to Part III-C. Thomas, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Alito, JJ., joined as to Parts I and II-C. Alito, J., filed a dissenting opinion, in which Scalia, J., joined. |
| Jul 12 2013 | JUDGMENT ISSUED. |
