Lawyers handling a trio of appeals testing the boundaries of the US Sentencing Commission’s expressly delegated interpretative authority presented their arguments to the Sixth Circuit with a mixed reception on Thursday.
The core issue is whether the commission possesses the authority to issue a policy statement on compassionate release that is at odds with the holding in United States v. McCall.
“We have an en banc decision that you’re telling us this panel can potentially disregard,” Judge Chad A. Readler said.
Decided in 2022, McCall held that nonretroactive changes in the law can’t be “extraordinary and compelling reasons” that ...
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