U.S. Court of Appeals for the Sixth Circuit, 1992

United States v. Jennings

United States v. Jennings
U.S. Court of Appeals for the Sixth Circuit · Decided April 28, 1992 · Martin, Nelson, Wellford
966 F.2d 184; 1992 WL 89451 (Federal Reporter, Second Series)

United States v. Jennings

Opinion of the Court

ORDER

On September 16, 1991, we issued an opinion in this case. 945 F.2d 129. On page 135, footnote 1 of the opinion, we stated that “[t]he version of the [sentencing] guidelines in effect at the time of sentencing is ordinarily applied.” This court has stated, however, that when the sentencing guidelines in effect at the time of sentencing provide for a higher range than those guidelines in effect at the time the crime was committed, an ex post facto problem exists and a court must not impose a sentence in excess of that allowed by the older guidelines. United States v. Nagi, 947 F.2d 211, 213 n. 1 (6th Cir. 1991) (citing Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987)). In the present case, if the 1990 guidelines provide a higher sentencing range than the 1987 guidelines, the district court should sentence the defendants under the 1987 guidelines to avoid ex post facto problems.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.