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Peugh v. United States

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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

DateProceedings and Orders (key to color coding)
Jun 13 2012Application (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 2012Application (11A1188) granted by Justice Kagan extending the time to file until August 10, 2012.
Jul 16 2012Petition for a writ of certiorari filed. (Response due August 16, 2012)
Aug 7 2012Order extending time to file response to petition to and including September 17, 2012.
Aug 16 2012Brief amicus curiae of Illinois Association of Criminal Defense Lawyers filed.
Sep 10 2012Order further extending time to file response to petition to and including October 12, 2012.
Oct 12 2012Brief of respondent United States in opposition filed.
Oct 23 2012Reply of petitioner Marvin Peugh filed.
Oct 24 2012DISTRIBUTED for Conference of November 9, 2012.
Nov 9 2012Petition GRANTED.
Dec 18 2012SET FOR ARGUMENT ON Tuesday, February 26, 2013
Dec 26 2012Joint appendix filed. (Statement of costs filed)
Dec 26 2012Brief of petitioner Marvin Peugh filed.
Dec 26 2012Motion to file Volume II of the joint appendix under seal filed by petitioner Marvin Peugh.
Jan 2 2013Brief amicus curiae of Illinois Association of Criminal Defense Lawyers filed. (Distributed)
Jan 3 2013Record from U.S.C.A. for 7th Circuit is electronic.
Jan 9 2013Motion DISTRIBUTED for Conference of February 15, 2013.
Jan 10 2013CIRCULATED.
Jan 25 2013Brief of respondent United States filed. (Distributed)
Feb 19 2013Motion to file Volume II of the joint appendix under seal GRANTED.
Feb 19 2013Reply of petitioner Marvin Peugh filed. (Distributed)
Feb 26 2013Argued. 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 2013Judgment 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 2013JUDGMENT ISSUED.