Retroactive sentencing rules
Peugh v. United States
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.

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
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.”
What's next
The case returns to the Seventh Circuit. The Supreme Court did not set Peugh's sentence in this ruling.
Documents
Opinions
Audio
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Impact Analysis
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Audio Recording added: Oral Arguments - Peugh
Opinion added: Peugh
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.