Ismael De Jesus-Flores v. United States
AdministrativeLaw DueProcess HabeasCorpus
Can the U.S.S.G. commentary definition of a 'minor' in § 2L1.1 commentary note 1 be considered unconstitutionally vague when it was never subjected to notice and comment to the public, and precedent defines vagueness as a statute that fails to give ordinary people fair notice
QUESTIONS PRESENTED FOR REVIEW CAN TH U.$.5S.G COMM&NTARY DEFIML[UON OF A HLWOK IN § 2L1.1 CCHMENTARY NOTE 1 BE CONSIDERED UNCONSTITUTIONALLY VAGUE WHEN IT WAS NEVER SUBJECIED TC NOTICE AND COMMENT TO THE PUBLIC, AND PRECEDENT DEFINES VAGUENESS AS A STATUTE THAT FAILS TO GIVE ORDINARY PEOPLE FAIR NOTICE. TEE COMMENTARY CANNOT EXPAND THE DEFIVUTION OF "MINOR" EROADER THAN THF. ORDINARY FLCEETED FEPERAL EETTNUTION EY TETE COURT TS UNITED STATES v EequivelQuitene, 147 6. Ut. , il