Supreme Court of the United States · Official docket →
Lenair Moses v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-4067 · judgment January 19, 2022
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
In Stinson v. United States, 508 U.S. 36 (1993), this Court held that Seminole Rock deference, now generally known as Auer deference, applies to interpretive or explanatory commentary in the U.S. Sentencing Guidelines Manual. Id. at 38. In Kisor v. Wilkie, 139 S. Ct. 2400 (2019), this Court clarified the limits on this deference, and made clear that courts may extend Auer or Seminole Rock deference only where the law remains “genuinely ambiguous” after the court has “exhausted all the traditional tools of construction.” Id. at 2415 (quotation marks omitted). The circuits are deeply divided over whether Kisor’s holding applies in the Guidelines context. The questions presented are:
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Whether the limits on agency deference announced in Kisor constrain the deference that courts may accord to the commentary to the Sentencing Guidelines.
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Whether deference to the Guidelines commentary is impermissible in any form. (i)
Counsel of record
For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 09 2023Motion for leave to file amicus brief filed by Cato Institute GRANTED.
- Jan 09 2023Petition DENIED.
- Dec 09 2022Reply of petitioner Lenair Moses filed. (Distributed)
- Dec 07 2022DISTRIBUTED for Conference of 1/6/2023.
- Nov 21 2022Brief of respondent United States in opposition filed.
- Oct 20 2022Brief amicus curiae of New Civil Liberties Alliance filed.
- Oct 14 2022Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2022.
- Oct 13 2022Motion to extend the time to file a response from October 20, 2022 to November 21, 2022, submitted to The Clerk.
- Sep 20 2022Response Requested. (Due October 20, 2022)
- Sep 19 2022Motion for leave to file amicus brief filed by Cato Institute.
- Sep 14 2022DISTRIBUTED for Conference of 10/7/2022.
- Sep 07 2022Waiver of right of respondent United States to respond filed.
- Aug 19 2022Petition for a writ of certiorari filed. (Response due September 22, 2022)
- May 11 2022Application (21A700) granted by The Chief Justice extending the time to file until August 20, 2022.
- May 06 2022Application (21A700) to extend the time to file a petition for a writ of certiorari from June 21, 2022 to August 20, 2022, submitted to The Chief Justice.