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Notable student note defending a new ex post facto analysis after BookerI

By Douglas A. Berman

As I have indicted in a prior post, I think one of the most interesting and amazingly underexamined post-Bookerissue concerns whether or not the conversion of the guidelines to advisory status changed the settled pre-Booker determination that ex post facto doctrine precluded the application of new harsher guidelines to old crimes. Consequently, I am pleased to see this new student note on the issue, titled "Defending Demaree: The Ex Post Facto Clause's Lack of Control Over the Federal Sentencing Guidelines after Booker."  Here is the abstract: In 2005, the U.S. Supreme Court held that the Federal Sentencing Guidelines violated a defendant's Sixth Amendment right to a jury trial because they allowed a judge to depart from a mandatory range based on facts not presented to a jury...continue to full post

Full post as published by Sentencing Law and Policy on April 17, 2009 (boomark / email).