NCLA amicus brief calls on Supreme Court to put an end to deference

NCLA amicus brief calls on Supreme Court to put an end to deference


WASHINGTON, DC, Oct. 20, 2022 (GLOBE NEWSWIRE) — The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, submitted a motion Friend of the court letter with the US Supreme Court today in support of a petition for Certificate of certiorari in Lenair Moses versus the United States. Lenair Moses challenges the application of the lower court stinson deference to condemning him as a “professional offender” based on the wording in interpretative comments on the US Sentencing Guidelines (USSG), which appear nowhere in the guidelines themselves. NCLA’s a friend Letter urges Supreme Court to grant Mr. Moses’ petition and end unconstitutional doctrine stinson Homage once and for all. Alternatively, NCLA at least argues that the Supreme Court must decide that stinson Reverence is unconstitutional when it would result in increased punishment, as was the case with Lord Moses.

Following the 1993 Supreme Court decision in Stinson versus the United States, the appellate courts began to give the US Sentencing Commission’s commentary on the Sentencing Guidelines almost dispositive weight – even over the bare text of the Guidelines. However, as the court ruled Kisor v. Wilkie In 2019, all nine judges agreed on the need to “strengthen” and “develop” restrictions on arbitral tribunals due to an administrative authority’s interpretation of their own rules. has used all its traditional tools of legal construction.

That’s what the NCLA claims stinson Deference raises serious constitutional concerns as it poses to judges naturally relying on the judgment of a litigant before them – the government litigant – which denied the criminal defendant any semblance of due process. When stinson respect applies government plaintiff even wins to conviction based on comments…

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