An admitted possessor of child pornography who was not prosecuted for more than four years following his confession in 2003 cannot be subjected to the longer prison sentences established in the interim under the federal sentencing guidelines, a federal judge has ruled.
Southern District of New York Judge Richard J. Holwell said the Constitution’s ex post facto clause — Article I, Section 9, Clause 3 — would be violated if Brennan Sweeney were sentenced to a longer prison term than the guidelines called for in 2003 when the FBI raided his apartment.
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