1. The circuits have split over the extent of deference that is to be given to the commentaries to the Federal Sentencing Guidelines after the decision in Kisor v. Wilkie, 139 S. Ct. 2400 (2019). The Fifth Circuit follows the rule stated in Stinson: In Stinson v. United States, 508 U.S. 36, 113 S. Ct. 1913, 123 L. Ed. 2d 598 (1993), the Court held that the guidelines commentary is "authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline." United States v. Vargas, 74 F.4th 673, 677 (5th Cir. 2023). The Third, Fourth, Sixth, Ninth, and Eleventh Circuits say that the Supreme Court replaced Stinson's highly deferential standard with a less deferential one in Kisor v. Wilkie.

Whether the circuits have split over the extent of deference that is to be given to the commentaries to the Federal Sentencing Guidelines after the decision in Kisor v. Wilkie