En Banc Fifth Circuit Takes Sides in Circuit Split Over Deference to Sentencing Guidelines Commentary.

The article discusses a circuit split over the deference given to sentencing guidelines commentary by the United States Sentencing Commission. The Supreme Court's decision in Stinson v. United States established that the commentary is generally binding on courts, unless it violates the Constitution, a federal statute, or is inconsistent with the guideline. However, the Court's later decision in Kisor v. Wilkie modified the deference given to agency interpretations of regulations. The circuit split arises from whether Kisor's standard should apply to Stinson cases. The en banc Fifth Circuit recently sided with the Tenth and Fourth Circuits in holding that Stinson continues to control judicial sentencing, citing differences between Stinson and Seminole Rock deference and the unique nature of the Sentencing Commission. [Extracted from the article]