No. 20-836

Marcus Broadway v. United States

Lower Court: Eighth Circuit
Docketed: 2020-12-22
Status: Denied
Type: Paid
Amici (1)Relisted (2) Experienced Counsel
Tags: agency-deference due-process judicial-interpretation kisor-v-wilkie rule-of-lenity sentencing-commission sentencing-guidelines stinson-deference
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

(1) Do courts owe deference to the Sentencing Commission's commentary when it expands the scope of the Sentencing Guidelines?

(2) Do the rule of lenity and the right to due process preclude Stinson deference when commentary to a Sentencing Guideline would increase a sentence?

Question Presented (AI Summary)

Whether courts owe deference to the Sentencing Commission's commentary when it expands the scope of the Sentencing Guidelines

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-04-19
Rescheduled.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-04-07
Reply of petitioner Marcus Broadway filed. (Distributed)
2021-03-24
Brief of respondent United States in opposition filed.
2021-02-05
Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2021.
2021-02-04
Motion to extend the time to file a response from February 22, 2021 to March 24, 2021, submitted to The Clerk.
2021-01-21
Brief amicus curiae of Due Process Institute filed.
2021-01-15
Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2021.
2021-01-14
Motion to extend the time to file a response from January 21, 2021 to February 22, 2021, submitted to The Clerk.
2020-12-16
Petition for a writ of certiorari filed. (Response due January 21, 2021)

Attorneys

Due Process Institute
Theodore Augustus HowardWiley Rein LLP, Amicus
Marcus Broadway
Jared Alan McClainThe New Civil Liberties Alliance, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent