Peugh v. United States - 12-62 (2013)
SUPREME COURT OF THE UNITED STATES
MARVIN PEUGH, PETITIONER v. UNITED STATES
on writ of certiorari to the united states court of appeals for the seventh circuit
[June 10, 2013]
Justice Alito, with whom Justice Scalia joins, dissenting.
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.