No. 23-7338

Damon Sean Bellis v. United States

Lower Court: Sixth Circuit
Docketed: 2024-04-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: administrative-law agency-deference agency-interpretation circuit-split judicial-deference regulatory-ambiguity sentencing-guidelines stare-decisis statutory-interpretation
Latest Conference: 2024-05-30
Question Presented (from Petition)

The Court held in Kisor v. Wilkie, 139 S. Ct. 2400 (2019),
that before a court may defer to an agency's interpretation of its
regulation, the court must find that the regulation is genuinely
ambiguous. In Stinson v. United States, 508 U.S. 36 (1993), the
Court held that district courts must heed the Sentencing
Commission's commentary to a sentencing guideline because the
commentary provides "concrete guidance as to how even
unambiguous guidelines are to be applied in practice." Did Kisor
abrogate Stinson's holding, as four circuits have held, or does the
holding survive because the Commission is not an executive
agency and the guidelines it issues are advisory, as at least two
circuits have held?

Question Presented (AI Summary)

Did Kisor abrogate Stinson's holding?

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-08
Waiver of right of respondent United States to respond filed.
2024-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2024)

Attorneys

Damon Bellis
Kenneth TablemanKenneth P. Tableman, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent