James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, Pennsylvania, on April 3, 2021. Photo: Diego M. Radzinschi/ALM '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.
November 09, 2021 at 11:16 AM
5 minute read
Five more judges on the U.S. Court of Appeals for the Third Circuit have joined their colleague in saying that courts should not "reflexively defer" to U.S. Sentencing Guidelines' commentary when deciding punishments and must interpret rules that are ambiguous in favor of defendants.
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