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Oladayo Oladokun v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 23-6141 · judgment January 24, 2025
Questions presented
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Whether the Sentencing Guidelines’ commentary promulgated without notice-and-comment rulemaking retains binding authority after Loper Bright Enterprises v. Raimondo,603 U.S. 369 (2024), which repudiated deference to agencies' statutory interpretations, and Kisor v. Wilkie, 588 U.S. 558 (2019), which narrowed deference to agencies' regulatory interpretations.
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Whether the definition of "loss" in the commentary to the U.S.S.G. § 2B1.1(b)(1), which expands the term to include "intended loss," exceeds the Sentencing Commission's authority under 28 U.S.C. § 994(a) and violates the seperation of powers by effectively amending the guidelines without congressional; or judical approval.
Counsel of record
For petitioner
Oladayo Oladokun
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 02 2026Petition DENIED.
- Feb 12 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 10 2026Reply of petitioner Oladayo Oladokun filed. (Distributed)
- Jan 23 2026Brief of respondent United States in opposition filed.
- Dec 17 2025Motion to extend the time to file a response is granted and the time is further extended to and including January 26, 2026.
- Dec 15 2025Motion to extend the time to file a response from December 26, 2025 to January 26, 2026, submitted to The Clerk.
- Nov 21 2025Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2025.
- Nov 20 2025Motion to extend the time to file a response from November 26, 2025 to December 26, 2025, submitted to The Clerk.
- May 12 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2025)