Jun 8, 2010
Use of Current Sentencing Rules Barred for 2003 Confession
An admitted possessor of child pornography who was not prosecuted for more than four years following his confession cannot be subjected to longer prison sentences established in the interim under the federal sentencing guidelines, a federal judge has ruled. The judge said the Constitution’s ex post facto clause would be violated if Brennan Sweeney were sentenced to a longer prison term than the guidelines called for in 2003 when the FBI raided his apartment.