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Criminal defense attorneys and their clients recently scored a win in Peugh v. United States, a U.S. Supreme Court decision which held that a criminal defendant cannot be sentenced based upon 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. See Peugh v. United States, No. 12-62, 2013 WL 2459523 (U.S. June 10, 2013). The Supreme Court found that imposing such a sentence violates the Ex Post Facto Clause of the Constitution. Interestingly, beyond the obviously helpful holding, Justice Clarence Thomas' dissent may offer significant, additional help to criminal defendants in the sentencing context.

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