No. 23-736

Bernard Gadson v. United States

Lower Court: First Circuit
Docketed: 2024-01-08
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: administrative-law agency-deference criminal-sentencing due-process judicial-review loss-calculation sentencing-guidelines statutory-interpretation
Latest Conference: 2024-02-16
Question Presented (from Petition)

Does deference to the Sentencing Commission's commentary to USSG § 2B1.1, cmt. n.3(A), expanding the meaning of "loss" to include "intended loss," violate the applicable limitations on deference to agency interpretations?

Question Presented (AI Summary)

Does deference to the Sentencing Commission's commentary to USSG § 2B1.1, cmt. n.3(A), expanding the meaning of 'loss' to include 'intended loss,' violate the applicable limitations on deference to agency interpretations?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States to respond filed.
2024-01-04
2023-11-01
Application (23A391) granted by Justice Jackson extending the time to file until January 6, 2024.
2023-10-27
Application (23A391) to extend the time to file a petition for a writ of certiorari from November 7, 2023 to January 6, 2024, submitted to Justice Jackson.

Attorneys

Bernard Gadson
William McGinley JayGoodwin Procter, LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent