Event Details
Date Unknown
Description
Argument regarding the sentencing of Ms. Maxwell, specifically whether the 2003 or 2004 Guidelines should apply based on the Ex Post Facto Clause and the need for a jury to determine the end date of the criminal conduct.
Participants (2)
| Name | Type | Mentions | |
|---|---|---|---|
| Ms. Maxwell | person | 1982 | View Entity |
| court | location | 177 | View Entity |
Source Documents (1)
DOJ-OGR-00010424.jpg
This legal document, part of a court filing, argues that Ms. Maxwell must be sentenced under the 2003 Guidelines rather than the harsher 2004 Guidelines. It asserts that applying the 2004 Guidelines would violate the Ex Post Facto Clause unless a jury, not the judge, found that her criminal conduct continued past November 1, 2004. Since the jury made no such finding, the court is bound to use the earlier guidelines.
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