Circuit Splits Reported in U.S. Law Week—August 2024

U.S. Law Week summarizes selected splits among U.S. federal courts of appeals each month.

Criminal Law

Case:

United States v. Ponle, 2024 BL 268076 (Article)

Issue:

Is the commentary to the US Sentencing Guidelines authoritative and entitled to deference? The Seventh Circuit joins the Fifth and Tenth circuits saying that it is. The Third, Sixth, Ninth, and Eleventh circuits say the commentary isn’t entitled to deference unless the text of the particular guideline is truly ambiguous.

Criminal Law

Case:

Asinor v. District of Columbia, 2024 BL 275270 (Article)

Issue:

Does the Fourth Amendment require that any continued retention ...