Amicus Brief: United States of America v. Lenair Moses, a/k/a Bones

AMICUS BRIEF SUMMARY

This Court’s correct decision in U.S. v. Campbell conflicts directly with the panel’s decision in this case, as Judge King acknowledged in dissent. Creating an intra-circuit split, the panel also split from the Third and Sixth Circuits, which have correctly recognized that Kisor v. Wilkie necessarily limited deference to genuinely ambiguous rules and regulations in all applications of Bowles v. Seminole Rock & Sand Co.

The panel’s decision that this Circuit should defer reflexively to the commentary of the Sentencing Commission—even absent ambiguity—endangers individual liberty and distorts the independent judicial office enshrined in Article III of the Constitution.

Join the new civil liberties movement. Protect Americans from the Administrative State!

CASE: United States of America v. Lenair Moses, a/k/a Bones

COURT: U.S. Court of Appeals for the Fourth Circuit

DOCUMENT: No. 21-4067

COUNSEL FOR AMICUS CURIAE: John Vecchione

FILED: February 9, 2022

CASE DOCUMENTS

March 23, 2022 | Order of the U.S. Court of Appeals for the Fourth Circuit
Click here to read the full document.
March 3, 2022 | United States’ Response to Petition for Rehearing en Banc
Click here to read the full document.
February 9, 2022 | Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Defendant-Appellant’s Petition for Rehearing en Banc
Click here to read the full document.

PRESS RELEASES

OPINION

MEDIA MENTIONS