July 24, 2013

In this article, Jenner & Block Partner Anthony S. Barkow and Associate Alison I. Stein explore the implications of the U.S. Supreme Court’s recent decision in Peugh v. United States.  The authors explain that the decision held that a criminal defendant cannot be sentenced based on the current federal Sentencing Guidelines if those guidelines call for a harsher punishment than the guidelines that were in place at the time of the underlying offense.  But the authors also observe that Justice Clarence Thomas’ dissent “may offer significant, additional help to criminal defendants in the sentencing context.”