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Tabb v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-579 2nd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether courts may defer to Sentencing Guidelines commentary without first determining that the underlying guideline is genuinely ambiguous; and (2) whether the U.S. Sentencing Commission can use commentary to rewrite a guideline that applies to “prohibit[ions]” on the “distribution” of drugs to apply to conspiracies and attempts to distribute drugs.

DateProceedings and Orders (key to color coding)
Oct 28 2020Petition for a writ of certiorari filed. (Response due December 2, 2020)
Nov 06 2020Waiver of right of respondent United States to respond filed.
Nov 10 2020DISTRIBUTED for Conference of 12/4/2020.
Nov 16 2020Response Requested. (Due December 16, 2020)
Dec 02 2020Brief amicus curiae of The Cato Institute filed.
Dec 08 2020Motion to extend the time to file a response from December 16, 2020 to January 15, 2021, submitted to The Clerk.
Dec 09 2020Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2021.
Dec 16 2020Brief amici curiae of National Association of Home Builders and American Farm Bureau Federation filed.
Dec 16 2020Brief amici curiae of The New Civil Liberties Alliance & the Due Process Institute filed.
Dec 29 2020Motion to extend the time to file a response from January 15, 2021 to February 15, 2021, submitted to The Clerk.
Dec 31 2020Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2021. See Rule 30.1.