Cert Alert! The Guidelines and Stinson Deference

Today, the Supreme Court granted cert in Beaird v. United States, 25-5343. Next term, the Court will answer the question of whether Stinson still states the rule for deference to Guideline commentary, or whether Kisor and Loper Bright‘s roll back of deference to agency interpretation of their own rules also applies to the Sentencing Commission. Interestingly, Mr. Beaird challenges whether a 17-round magazine, an industry standard, should be considered a large-capacity magazine solely because the commentary defines anything over 15 rounds as large-capacity. The Court declined to grant cert on Mr. Beaird’s related Second Amendment and Commerce Clause challenges.

So, preserve those challenges to the commentary! A decision in Mr. Beaird’s case will come by June of 2027.