United States v. Jennings

Sixth Circuit

United States v. Jennings

966 F.2d 184, 1992 WL 89451

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 28, 1992

DocketNos. 90-3503, 90-3504

StatusPublished

Cited by7 cases

This text of 966 F.2d 184 (United States v. Jennings) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Jennings, 966 F.2d 184, 1992 WL 89451 (6th Cir. 1992).

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Opinion

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.

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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.

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966 F.2d 184, 1992 WL 89451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jennings-ca6-1992.

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