Stinson v. United States
Encyclopedia
Stinson v. United States, 508 U.S. 36
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (1993), is a decision of the United States Supreme Court, which held that commentary issued by the United States Sentencing Commission (which promulgates the United States Sentencing Guidelines), which interprets or explains a guideline is authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.

The Stinson decision has had broad influence having been cited in over 1,000 other federal appellate decisions, including both Blakely v. Washington
Blakely v. Washington
Blakely v. Washington, 542 U.S. 296 , held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant...

(2004) and United States v. Booker
United States v. Booker
United States v. Booker, , was a United States Supreme Court decision concerning criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be...

(2005) the cases which rewrote federal guideline sentencing law. The Stinson decision has additionally been cited in over 3,700 appellate briefs and over 250 law reviews.

The case was argued at the Supreme Court March 24, 1993 by William Mallory Kent on behalf of Stinson and Paul J. Larkin for the Solicitor General of the United States. The decision issued May 3, 1993, nine to zero for Stinson. With Mr. Larkin on the Solicitor General's brief were also Acting Solicitor General Bryson, Acting Assistant Attorney General John Keeney, and John F. DePue. Robert Augustus Harper filed a brief on behalf of the Florida Association of Criminal Defense Lawyers as amicus curiae.

See also

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