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Amicus Briefs

U.S. v. Tabb

CASE SUMMARY

NCLA filed amicus briefs in U.S. v. Zimmian Tabb calling for courts to abandon “Stinson Deference.”

This judicial deference doctrine requires federal judges to defer to commentary the United States Sentencing Commission (U.S.S.C.) has written interpreting the U.S. Sentencing Guidelines (U.S.S.G.). The 1993 Supreme Court decision in Stinson v. United States commands federal judges to abandon their duty of independent judgment in violation of Article III and the judicial oath, and to assign weight to a non-judicial entity’s interpretation of the law when imposing criminal sentences. It also raises serious due process concerns when it requires courts to display bias in favor of the government and against a defendant. Due process is usually thought to require lenity in the interpretation of criminal statutes, to ensure that criminal offenses are very well defined.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer
Kara Rollins
Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

Brief for the United States in Opposition

February 16, 2021 | Read More

Amici Curiae Brief of the New Civil Liberties Alliance & Due Process Institute in Support of Petitioner

December 16, 2020 | Read More

Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Zimmian Tabb’s Petition for Rehearing

May 5, 2020 | Read More

PRESS RELEASES

NCLA Tells U.S. Supreme Court Why Deference to Sentencing Commission Violates Constitution

December 16, 2020 | Read More

NCLA Asks Second Circuit Court of Appeals to Rehear Case Over Deference to Sentencing Guidelines Commentary

May 6, 2020 | Read More

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