Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Second Circuit weighs in thoughtfully on post-Booker ex post facto issues

By Douglas A. Berman

Today in a relatively short opinion in US v. Ortiz, No. 08-2648 (2d Cir. Sept. 1, 2010) (available here), a Second Circuit panel addresses the (circuit-splitting) issue of whether the ex post facto clause limits application of the latest version of the federal sentencing guidelines in a post-Booker advisory sentencing world.  Here is the start of the Ortiz opinion: This appeal primarily presents the issue of whether, and under what circumstances, a more onerous guideline, issued by the United States Sentencing Commission after the date of an offense, renders a sentence imposed under the advisory Guidelines regime in violation of the Ex Post Facto Clause.  The issue arises on an appeal by Defendant-Appellant Eric Ortiz from the May 27, 2008, judgment of the District Court for the Eastern District of New York (Dora L...continue to full post

Full post as published by Sentencing Law and Policy on September 01, 2010 (boomark / email).