Custable v. United States

For the past three years there has been a growing circuit split on whether a defendant’s sentence may be increased by using a Federal Sentencing Guidelines manual that was amended after the offense took place and whether such an increase would violate the Ex Post Facto Clause. Chicago-based attorney Marc Martin filed a petition on Tuesday in United States v. Custable, asking the Court to remedy the circuit split that has become “more pronounced.” In April of 2005, Frank Custable was indicted on a series of wire and mail fraud offenses, and obstruction of justice.