Supreme Court of the United States · Official docket →
Raymond Poore v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-3154 · judgment April 25, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question 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, 588 U.S. 558 (2019), this Court clarified that courts may extend Auer or Seminole Rock deference only where the regulation remains “genuinely ambiguous” after the court has “exhaust[ed] all the traditional tools of construction.” Id. at 559 (quotation marks and citation omitted). And in Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), the Court reaffirmed that “courts must exercise independent judgment in determining the meaning” of the law. Id. at 394. The twelve circuits hearing criminal appeals are deeply divided over the recurring issue of whether Kisor and Loper Bright apply to the Guidelines. The question presented is: whether the limits on agency deference announced in Kisor and Loper Bright constrain the deference courts may accord the Sentencing Commission’s interpretation of its own rules via commentary. (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Milbank LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Apr 13 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 30 2026DISTRIBUTED for Conference of 4/2/2026.
- Mar 23 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 16 2026DISTRIBUTED for Conference of 3/20/2026.
- Mar 02 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 23 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 13 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 20 2026DISTRIBUTED for Conference of 1/23/2026.
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Dec 03 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 03 2025Reply of petitioner Raymond Poore filed. (Distributed)
- Nov 19 2025Brief of respondent United States in opposition filed.
- Oct 22 2025Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2025.
- Oct 20 2025Motion to extend the time to file a response from October 20, 2025 to November 19, 2025, submitted to The Clerk.
- Sep 26 2025Brief amicus curiae of New Civil Liberties Alliance filed.
- Sep 18 2025Response Requested. (Due October 20, 2025)
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 05 2025Waiver of right of respondent United States to respond filed.
- Aug 25 2025Petition for a writ of certiorari filed. (Response due September 26, 2025)
- Jul 09 2025Application (25A33) granted by Justice Barrett extending the time to file until August 25, 2025.
- Jun 25 2025Application (25A33) to extend the time to file a petition for a writ of certiorari from July 24, 2025 to August 25, 2025, submitted to Justice Barrett.