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Amicus Briefs

U.S. v. Moses

Lenair Moses challenged a district court’s application of Stinson deference to sentence him as a “career offender” based on language in interpretive commentary to the U.S. Sentencing Guidelines (USSG) that appears nowhere in the Guidelines themselves. NCLA’s second amicus brief in Mr. Moses’ urged the Supreme Court to grant his petition for a writ of certiorari and to put an end to the unconstitutional doctrine of Stinson deference once and for all.

Alternatively, at the very least, NCLA argued that the Supreme Court must deem Stinson deference unconstitutional whenever it would result in an increased criminal sentence, as it did for Mr. Moses.

Mark Chenoweth
President and Chief Legal Officer
John J. Vecchione
Senior Litigation Counsel

Amicus Curiae Brief of the New Civil Liberties Alliance in Support of Petitioner

October 20, 2022 | Read More

Order of the U.S. Court of Appeals for the Fourth Circuit

March 23, 2022

United States’ Response to Petition for Rehearing en Banc

March 3, 2022

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Defendant-Appellant’s Petition for Rehearing en Banc

February 9, 2022


NCLA Amicus Brief Urges Supreme Court to Put an End to Deference to USSG Commentary

October 20, 2022 | Read More



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