Gabayzadeh v. United States

Issue: (1) Whether the “one book” rule in the Sentencing Guidelines, sections 1B1.11(b)(2) and (3), which requires retroactive application of the latest, harsher guidelines when defendants have committed offenses both before and after the Guidelines have been amended, violates the Ex Post Facto Clause; and (2) whether, after this Court rendered the federal sentencing guidelines advisory in its decision in United States v. Booker, the Ex Post Facto Clause continues to forbid applying amendments to the Guidelines retroactively to increase the presumptive punishment of criminal defendants.

Briefs and Documents

Certiorari-stage documents

• Opinion below (2d Cir.)
• Petition for certiorari
• Brief in opposition
• Reply of petitioner