Brian Kulp

February 21, 2023 | New York Law Journal

The Sentencing Guidelines have always presented novel constitutional and interpretive issues. One issue that has recently divided the lower courts is how much deference to afford to the Sentencing Commission's commentary interpreting the Sentencing Guidelines. The Supreme Court answered this question nearly 30 years ago in Stinson v. United States, but Stinson is now on shaky ground.

By Benjamin Rosenberg, Matthew Mazur, and Brian Kulp

11 minute read