'Beaird' and Judicial Deference to Sentencing Guidelines Commentary

November 14, 2026  |  New York Law Journal

The sentencing guidelines have become central to the administration of criminal justice in federal courts; and a key part of the guidelines consists of commentary issued by the U.S. Sentencing Commission. In their latest New York Law Journal article, Morvillo Abramowitz Grand Iason & Anello partners Elkan Abramowitz and Jonathan S. Sack examine the issues in Beaird v. United States, a case recently argued in the Supreme Court. In Beaird, the Supreme Court will address a circuit split regarding the level of deference sentencing courts should give to guidelines commentary. The article explores the implications of broader developments in federal administrative law for sentencing, particularly in white-collar cases in which sentencing enhancements can depend heavily on guidelines commentary.

'Beaird' and Judicial Deference to Sentencing Guidelines Commentary