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Following the Illinois Supreme Court's ruling last week, the States Attorney in Cook County is dismissing various aggravated unlawful use of weapon charges in the courts.
(This column first ran in the Chicago Daily Law Bulletin in July, 2013)
Although it was not publicized as much as the ruling on DNA that came out around the same time, the United State's Supreme Court's ruling in Peugh v. United States, 12-62, will likely have a far broader immediate impact on criminal cases in federal courts. The Court ruled that the Constitution's Ex Post Facto Clause is violated when a defendant is sentenced under a later and more harsh sentencing guideline, even though the federal sentencing guidelines are not mandatory.