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In the Courts

By ALM Staff | Law Journal Newsletters |
May 24, 2011

Eleventh Circuit Analysis Deepens Circuit Split
Regarding Ex Post Facto Implications

On March 28, 2011, in United States v. Wetherald, No. 09-11687, the United States Court of Appeals for the Eleventh Circuit, in an opinion authored by Chief Judge Joel F. Dubina, held that the Ex Post Facto Clause of the Constitution precluded a district court from sentencing a defendant under a more punitive version of a U.S. Sentencing Guidelines provision than the version that had been in place when the offense occurred.

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