Judge Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit. Photo: Diego M. Radzinschi/ALM 9th Circuit Split Over 'Loper Bright' Impact on Challenge to Sentencing Guideline in Gun Case
"[T]he majority is mistaken to brush 'Loper Bright' aside and treat it as irrelevant to the interpretation of regulatory language," Judge Carlos Bea wrote in a concurrence.
August 23, 2024 at 04:56 PM
3 minute read
The original version of this story was published on National Law Journal
U.S. Court of Appeals for the Ninth Circuit judges were in disagreement Thursday over whether the Supreme Court's landmark ruling overturning Chevron deference had any impact on a challenge to a felon-in-possession sentencing enhancement.
The panel upheld convicted felon Derek Steven Trumbull's prison term that was calculated using a U.S. Sentencing Commission guideline that enhances a felon-in-possession sentence if the person had "a semiautomatic firearm capable of accepting a large capacity magazine."
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