No. 20-579
Tags: administrative-law agency-deference criminal-law guidelines-commentary judicial-interpretation regulatory-ambiguity sentencing-guidelines separation-of-powers statutory-interpretation
Key Terms:
AdministrativeLaw
AdministrativeLaw
Latest Conference:
2021-06-17
(distributed 3 times)
Question Presented (from Petition)
1. Whether courts may defer to Sentencing Guidelines commentary without first determining that the underlying Guideline is genuinely ambiguous.
2. Whether the Sentencing Commission can use commentary to rewrite a Guideline that applies to "prohibit[ions]" on the "distribution" of drugs, U.S.S.G. § 4B1.2, to apply to conspiracies and attempts to distribute drugs.
Question Presented (AI Summary)
Whether courts may defer to Sentencing Guidelines commentary without first determining that the underlying Guideline is genuinely ambiguous
Docket Entries
2021-06-21
Petition DENIED.
2021-06-01
Second supplemental brief of petitioner Zimmian Tabb filed. (Distributed)
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-03-17
Rescheduled.
2021-03-03
Supplemental brief of petitioner Zimmian Tabb filed. (Distributed)
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-03-02
Reply of petitioner Zimmian Tabb filed. (Distributed)
2021-02-16
Brief of respondent United States in opposition filed.
2020-12-31
Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2021. See Rule 30.1.
2020-12-29
Motion to extend the time to file a response from January 15, 2021 to February 15, 2021, submitted to The Clerk.
2020-12-16
Brief amici curiae of The New Civil Liberties Alliance & the Due Process Institute filed.
2020-12-16
Brief amici curiae of National Association of Home Builders and American Farm Bureau Federation filed.
2020-12-09
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2021.
2020-12-08
Motion to extend the time to file a response from December 16, 2020 to January 15, 2021, submitted to The Clerk.
2020-12-02
Brief amicus curiae of The Cato Institute filed.
2020-11-16
Response Requested. (Due December 16, 2020)
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-06
Waiver of right of respondent United States to respond filed.
2020-10-28
Petition for a writ of certiorari filed. (Response due December 2, 2020)
Attorneys
National Association of Home Builders and American Farm Bureau Federation
Evan Andrew Young — Baker Botts L.L.P., Amicus
The Cato Institute
Ilya Shapiro — Cato Institute, Amicus
The New Civil Liberties Alliance & the Due Process Institute
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Zimmian Tabb
John Patrick Elwood — Arnold & Porter Kaye Scholer LLP, Petitioner