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Tabb v. United States

Certiorari Denied

Petition for certiorari denied on June 21, 2021.

Docket No.20-579
Op. Below2nd Cir.

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.

Proceedings & orders timeline

Oct 28, 2020
Petition for a writ of certiorari filed. (Response due December 2, 2020)
Nov 6, 2020
Waiver of right of respondent United States to respond filed.
Nov 10, 2020
DISTRIBUTED for Conference of 12/4/2020.
Nov 16, 2020
Response Requested. (Due December 16, 2020)
Dec 2, 2020
Brief amicus curiae of The Cato Institute filed.
Dec 8, 2020
Motion to extend the time to file a response from December 16, 2020 to January 15, 2021, submitted to The Clerk.
Dec 9, 2020
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2021.
Dec 16, 2020
Brief amici curiae of National Association of Home Builders and American Farm Bureau Federation filed.
Dec 16, 2020
Brief amici curiae of The New Civil Liberties Alliance & the Due Process Institute filed.
Dec 29, 2020
Motion to extend the time to file a response from January 15, 2021 to February 15, 2021, submitted to The Clerk.
Dec 31, 2020
Motion 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.
Feb 16, 2021
Brief of respondent United States in opposition filed.
Mar 2, 2021
Reply of petitioner Zimmian Tabb filed. (Distributed)
Mar 3, 2021
DISTRIBUTED for Conference of 3/19/2021.
Mar 3, 2021
Supplemental brief of petitioner Zimmian Tabb filed. (Distributed)
Mar 17, 2021
Rescheduled.
Jun 1, 2021
DISTRIBUTED for Conference of 6/17/2021.
Jun 1, 2021
Second supplemental brief of petitioner Zimmian Tabb filed. (Distributed)
Jun 21, 2021
Petition DENIED.

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