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Retroactive sentencing rules

Peugh v. United States

Updated Oct 19, 2026

In brief

The Supreme Court overturned the Seventh Circuit's judgment and sent Peugh's case back for further proceedings.

Where it stands
Decided

Decided 5-4 · June 10, 2013 · Opinion by Justice Sotomayor

What it’s about
Marvin Peugh’s case concerned whether using sentencing guidelines in effect at sentencing, rather than when the offense occurred, violated the Constitution’s ban on retroactive increases in punishment if the newer guidelines risked a longer sentence.
Who it affects
Peugh's case returns to the Seventh Circuit for more proceedings; the Supreme Court did not set a new sentence for him.

Summary: written with AI from the case record.

Illustration for Marvin Peugh v. United States
Conceptual illustration · AI-generated

What it's about

The Supreme Court overturned the Seventh Circuit’s judgment and sent the case back to the lower court (remanded).

Federal sentencing guidelines can change, and Peugh's case concerned which version a judge could use when the rules changed between the offense and sentencing.

Question presented

Does the use of the U.S. Sentencing Guidelines in effect at the time of sentencing rather than those in effect at the time of the offense violate the Ex Post Facto Clause if there is significant risk that the newer Guidelines would result in a longer sentence?

What the Court decided

Holding

The judgment is reversed, and the case is remanded. 675 F. 3d 736, reversed and remanded.

Result
Reversed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Kennedy
  4. Ginsburg
  5. Sotomayorwrote the opinion
Dissenting · 4disagreed with the result
  1. Thomaswrote a dissent
  2. Scalia
  3. Roberts
  4. Alitowrote a dissent
5 justices joined the judgment, 4 dissented.

From the opinions

“I agree with JUSTICE THOMAS that retroactive application of amended advisory Guidelines does not violate the Ex Post Facto Clause under our “sufficient risk” test. See California Dept. of Corrections v. Morales , 514 U. S. 499, 509 (1995). I do not have occasion in this case to reconsider that test’s merits or its relation to the original understanding of the Clause.”

— Justice Alito(dissent)

What's next

The case returns to the Seventh Circuit. The Supreme Court did not set Peugh's sentence in this ruling.

Documents

2

Docket activity

10
  • New analysis added

    Oct 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 19, 2026 · Generated

  • New analysis added

    Oct 19, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 19, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 19, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 19, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 19, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Peugh

    Oct 30, 2014 · Court records

  • Opinion added: Peugh

    Jun 10, 2013 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 19, 2026Methodology

Court records and filings

Reporting and analysis