No. 23-7107 — Supreme Court Petition Tracker

No. 23-7107

Lower Court: Fifth Circuit

Docketed: 2024-03-29

Status: Denied

Type: IFP

Tags: appellate-review criminal-procedure criminal-sentencing deference judicial-deference kisor-v-wilkie sentencing-guidelines statutory-interpretation u.s.-sentencing-commission

Key Terms:
AdministrativeLaw Securities

Latest Conference: 2024-04-26

Question Presented (from Petition)

(1) Does this Court's decision in Kisor v. Wilkie, 139 S. Ct. 2400 (2019), govern the extent to which district courts may defer to the U.S. Sentencing Commission's commentary to the Guidelines Manual in calculating a criminal defendant's sentencing range?

(2) Is Application Note 1 to U.S.S.G. § 4B1.2 in the 2018 Guidelines Manual invalid under the Kisor framework?

Question Presented (AI Summary)

Does this Court's decision in Kisor v. Wilkie govern the extent to which district courts may defer to the U.S. Sentencing Commission's commentary to the Guidelines Manual in calculating a criminal defendant's sentencing range?