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Sixth Circuit (sort of?) addresses post-Booker ex post facto issue

By Douglas A. Berman

Today at the end of a long opinion involving some interesting facts, a Sixth Circuit panel in US v. Lanham, No. 08-6504 (6th Cir. Aug. 24, 2010) (available here), has a short discussion of the circuit-splitting issue of whether the ex post facto clause limits application of the latest version of the federal sentencing guidelines in a post-Booker advisory sentencing world.  Here is the Sixth Circuit's entire discussion of this issue toward the very end of the Lanham opinion (with my bold accents added): The sentencing court is to apply the version of the Sentencing Guidelines in effect at the time of sentencing unless it ?determines that use of the Guidelines Manual in effect on the date that the defendant is sentenced would violate the ex post facto clause...continue to full post

Full post as published by Sentencing Law and Policy on August 24, 2010 (boomark / email).