Mr. Everdell argues that the jury, not the court, should determine which sentencing guidelines (2003 or 2004) apply, due to implications of the Ex Post Facto Clause.
This document is a court transcript from August 22, 2022, detailing a conversation between a judge and a defense counsel, Mr. Everdell, during a sentencing hearing. The judge summarizes the probation department's sentencing recommendation and invites Mr. Everdell to present his arguments. Mr. Everdell argues that the jury, not the court, should determine which version of the sentencing guidelines (2003 or 2004) applies, citing the Ex Post Facto Clause.
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