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.
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