The US Supreme Court has been approached to clarify a standoff among appeals courts over the measure of deference provided to commentary on The US Sentencing Guidelines following the ruling in Kisor v. Wilkie, as entrenched divisions persist.
In the case of Kisor v. Wilkie, appellate courts have been left divided on the matter of deference. Many have continued to apply the highly deferential Stinson standard—a standard established in the landmark case of United States v. Stinson. Historically, courts have shown a default deference to the U.S. Sentencing Commission’s interpretations of the guidelines under United States v. Stinson.
However, the ruling in 2019’s Kisor v. Wilkie shook the status quo, altering the underlying standard of deference courts should apply to an agency’s interpretation of its own rules, bringing this custom into question.
On the 1st of December, the third petition this term was filed by Quindell Tyree Maloid, who called for the Supreme Court’s intervention in this matter.
As this discord among the appeals courts continues, the Supreme Court’s guidance is being eagerly awaited by legal professionals to bring about a uniform standard of deference.
For the original article, visit: Bloomberg Law