No. 20-6436
Daniel Lovato v. United States
Amici (2)Relisted (2)IFP
Tags: administrative-law commission-commentary crime-of-violence guideline-interpretation judicial-deference kisor-v-wilkie seminole-rock-deference sentencing-commission sentencing-guidelines statutory-construction statutory-interpretation
Latest Conference:
2021-06-17
(distributed 2 times)
Question Presented (from Petition)
1. Whether courts may defer to Sentencing Commission commentary without first determining that the underlying Guideline is genuinely ambiguous.
2. Whether Commission commentary impermissibly expands the unambiguous definitions of crime of violence in U.S.S.G. § 4B1.2 to include attempts and conspiracies to commit crimes of violence.
Question Presented (AI Summary)
Whether courts may defer to Sentencing Commission commentary without first determining that the underlying Guideline is genuinely ambiguous
Docket Entries
2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-03-19
Rescheduled.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-03-08
Reply of petitioner Daniel Lovato filed. (Distributed)
2021-02-26
Brief of respondent United States of America in opposition filed.
2021-01-26
Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2021.
2021-01-25
Motion to extend the time to file a response from January 27, 2021 to February 26, 2021, submitted to The Clerk.
2020-12-28
Brief amicus curiae of Cato Institute filed.
2020-12-22
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
2020-12-22
Brief amici curiae of Due Process Institute, et al. filed.
2020-12-20
Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
2020-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)
Attorneys
Cato Institute
Ilya Shapiro — Cato Institute, Amicus
Daniel Lovato
Shira Kieval — Office of the Federal Public Defender, Petitioner
Due Process Institute
Shana-Tara O'Toole — DUE PROCESS INSTITUTE, Amicus
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent