Supreme Court of the United States · Official docket →
Randolph Bullock v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 23-7341 · judgment August 22, 2025
Questions presented
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Can the United States Sentencing Commission create new penalties (enhancements) via clerical edits / merger of the Guidelines without Congressional direction to do so?
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Is Kisor v. Wilkie relevant to judicial review / application of the United States Sentencing Commission Guideline Commentary?
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When a Congressional mandate is ambiguous but the United States Sentencing Commission Commentary conflicts with a reasonable (Kisor) analysis of Text, Structure, Purpose, and History of the mandate and Guideline, does Commentary overrule?
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When three (3) Circuit Courts hold that USSG §2G2.2(b)(5) Pattern enhancement behavior must be related to the instant offense under a Kisor analysis, and other Circuit Courts hold otherwise, what is the proper requirement to apply the enhancement?
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Is it incumbent on today's courts to use tools of Kisor analysis to resolve conflicts and ambiguity in agency rules?
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For enhancements that have a substantial impact on a sentencing guideline, does Due Process require proof greater than preponderance of the evidence and require proof by at least clear and convincing evidence?
Counsel of record
For petitioner
Randolph Bullock
For respondent
D. John Sauer
Solicitor General
Case
Conference history
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Proceedings
- Aug 25 2026Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2026.
- Aug 24 2026Motion to extend the time to file a response from September 2, 2026 to October 2, 2026, submitted to The Clerk.
- Mar 13 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2026)