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Tabb v. United States

Petition for certiorari denied on June 21, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
20-579 2nd Cir. N/A N/A N/A N/A OT 2020

Issue: (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)
10/28/2020Petition for a writ of certiorari filed. (Response due December 2, 2020)
11/06/2020Waiver of right of respondent United States to respond filed.
11/10/2020DISTRIBUTED for Conference of 12/4/2020.
11/16/2020Response Requested. (Due December 16, 2020)
12/02/2020Brief amicus curiae of The Cato Institute filed.
12/08/2020Motion to extend the time to file a response from December 16, 2020 to January 15, 2021, submitted to The Clerk.
12/09/2020Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2021.
12/16/2020Brief amici curiae of National Association of Home Builders and American Farm Bureau Federation filed.
12/16/2020Brief amici curiae of The New Civil Liberties Alliance & the Due Process Institute filed.
12/29/2020Motion to extend the time to file a response from January 15, 2021 to February 15, 2021, submitted to The Clerk.
12/31/2020Motion 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.
02/16/2021Brief of respondent United States in opposition filed.
03/02/2021Reply of petitioner Zimmian Tabb filed. (Distributed)
03/03/2021DISTRIBUTED for Conference of 3/19/2021.
03/03/2021Supplemental brief of petitioner Zimmian Tabb filed. (Distributed)
03/17/2021Rescheduled.
06/01/2021DISTRIBUTED for Conference of 6/17/2021.
06/01/2021Second supplemental brief of petitioner Zimmian Tabb filed. (Distributed)
06/21/2021Petition DENIED.