Over 30 years ago, the U.S. Supreme Court answered the question of what deference is owed to the U.S. Sentencing Commission’s commentary to the U.S. sentencing guidelines. But what the Supreme Court has never directly addressed is the deference owed to the guidelines themselves. In their article, published in Law360, Alan Ellis, Mark Allenbaugh, and Doug Passon discuss what, if any, deference is owed to the guidelines themselves now that the Supreme Court has overturned the Chevron doctrine.
Post-Chevron, Good Riddance To The Sentencing Guidelines
By Mark Allenbaugh
By Alan Ellis