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

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

Criminal Law

Case:

United States v. Gulzar, 2024 BL 43260 (Article)

Issue:

Does the standard established by the US Supreme Court in Kisor v. Wilkie for when courts should defer to an agency’s interpretation of an ambiguous regulation apply to the US Sentencing Guidelines? The Seventh Circuit doesn’t take a stand on the issue but notes that other circuits are split on it. The Third, Sixth, Ninth, and Eleventh circuits apply Kisor deference, while the Fifth and Tenth circuits don’t. Fourth Circuit panels are split ...