Tag Archives: Matthew E. Kohen

When Is a Guideline Not a Guideline?: Supreme Court Says Sentencing Guidelines Have Force of Law for Ex Post Facto Purposes

BY MATTHEW E. KOHEN — On June 10, 2013, the Supreme Court of the United States issued its opinion in Peugh v. United States. This case—involving the retroactive application of U.S. Sentencing Guidelines—implicates interesting constitutional concerns. In a term where some of the opinions issued (see, e.g., Salinas v. Texas and Maryland v. King) caused […]