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In the Courts

BY ALM Staff
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.

Timothy Wetherald, Marc Shiner, and Leon Swichkow, all former operators ' from 2000 through 2003 ' of telecommunications companies known as competitive local exchange carriers (“CLECs”), had each been convicted and sentenced on differing combinations of mail, wire, and securities fraud, as well as multiple counts of money laundering, for their respective roles in a scheme to defraud investors in the companies they operated.

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