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Cert. Granted

Beaird v. United States

Docket No.25-5343
Op. Below5th Cir.
ArgumentOct 13, 2026

Issue

Whether Stinson v. United States still correctly states the rule for deference that courts must give the Commentary of the Federal Sentencing Guidelines.

Proceedings & orders timeline

Aug 11, 2025
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)
Sep 8, 2025
Motion to extend the time to file a response from September 12, 2025 to October 14, 2025, submitted to The Clerk.
Sep 9, 2025
Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2025.
Oct 2, 2025
Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
Oct 6, 2025
Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2025.
Nov 6, 2025
Motion to extend the time to file a response from November 13, 2025 to December 10, 2025, submitted to The Clerk.
Nov 10, 2025
Motion to extend the time to file a response is granted and the time is further extended to and including December 10, 2025.
Dec 4, 2025
Motion to extend the time to file a response from December 10, 2025 to January 9, 2026, submitted to The Clerk.
Dec 5, 2025
Motion to extend the time to file a response is granted and the time is further extended to and including January 9, 2026.
Jan 9, 2026
Brief of respondent United States in opposition filed.
Jan 29, 2026
DISTRIBUTED for Conference of 2/20/2026.
Feb 18, 2026
Rescheduled.
Feb 23, 2026
DISTRIBUTED for Conference of 2/27/2026.
Mar 2, 2026
DISTRIBUTED for Conference of 3/6/2026.
Mar 16, 2026
DISTRIBUTED for Conference of 3/20/2026.
Mar 23, 2026
DISTRIBUTED for Conference of 3/27/2026.
Mar 30, 2026
DISTRIBUTED for Conference of 4/2/2026.
Apr 13, 2026
DISTRIBUTED for Conference of 4/17/2026.
Apr 20, 2026
Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether Stinson v. United States , 508 U. S. 36 (1993), still correctly states the rule for the deference that courts must give the commentary to the Sentencing Guidelines.
May 6, 2026
Anthony J. Dick, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae , in support of the position that Stinson v. United States , 508 U. S. 36 (1993), still correctly states the rule for the deference that courts must give the commentary to the Sentencing Guidelines.
May 22, 2026
Motion for an extension of time to file the briefs on the merits filed.
May 22, 2026
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief in support is extended to and including June 30, 2026. The time to file the brief of Court-appointed amicus curiae is extended to and including August 25, 2026.
Jun 29, 2026
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 30, 2026
Joint appendix filed. (Statement of costs filed)
Jun 30, 2026
Brief of Kendrick Beaird not accepted for filing. (To be corrected - July 09, 2026)
Jun 30, 2026
Brief for the United States Supporting Vacatur not accepted for filing. (To be corrected - July 09, 2026)
Jun 30, 2026
Brief of respondent United States Supporting Vacatur filed. (Corrected).
Jun 30, 2026
Brief of petitioner Kendrick Beaird filed. (Corrected)
Jul 7, 2026
Brief amicus curiae of The Buckeye Institute filed.
Jul 7, 2026
Brief amicus curiae of West Virginia in support of neither party filed.
Jul 7, 2026
Brief amicus curiae of National Association of Federal Defenders filed.
Jul 7, 2026
Brief amicus curiae of New Civil Liberties Alliance filed.
Jul 7, 2026
Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.
Jul 7, 2026
Brief amicus curiae of Cato Institute filed.
Jul 7, 2026
Brief amicus curiae of FAMM in support of neither party filed.
Aug 4, 2026
SET FOR ARGUMENT on Tuesday, October 13, 2026.
Aug 12, 2026
Record requested from the United States Court of Appeals for the Fifth Circuit.
Aug 17, 2026
CIRCULATED
Aug 18, 2026
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Aug 25, 2026
Brief of Court-appointed amicus curiae filed. (Distributed)
Aug 31, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

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