'We Must Look at Things Afresh,' 5 More Judges Say of Deference to Sentencing Guidelines Commentary
Judge Stephanos Bibas wrote a concurrence last year saying courts shouldn’t automatically defer to U.S. Sentencing Commission commentary when sentencing guidelines are ambiguous and that the “rule of lenity” should be applied. On Monday, after the case took a trip to the U.S. Supreme Court, five more judges joined Bibas’ opinion.
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