Supreme Court to Revisit How Federal Sentences Are Calculated

On October 13, 2026, the U.S. Supreme Court will hear argument in Beaird v. United States, No. 25-5343, a case that could change how federal sentences are calculated across the country, including in Kentucky's federal courts.

The issue: how much weight the "commentary" gets

Federal judges must start every sentencing by calculating the range under the U.S. Sentencing Guidelines. The Guidelines come with official "commentary" written by the U.S. Sentencing Commission, including definitions, examples, and instructions that often expand on what the Guideline text itself says. Unlike amendments to the Guidelines themselves, the commentary does not have to be submitted to Congress for review before it takes effect.

Since Stinson v. United States (1993), courts have generally treated that commentary as controlling unless it is plainly inconsistent with the Guideline it explains. The question the Supreme Court agreed to decide in Beaird is whether Stinson still states the right level of deference (SCOTUSblog case page).

Why this matters here

Federal appeals courts are divided on this question. The Sixth Circuit, which covers Kentucky, has been among the courts willing to look past commentary that goes beyond the Guideline text. For example, in United States v. Havis (6th Cir. 2019) (en banc), the court refused to let commentary add attempt crimes to the definition of a "controlled substance offense," and in United States v. Riccardi (6th Cir. 2021), it declined to follow commentary that set a $500 minimum loss for each stolen access device.

A lot rides on commentary in real cases. In fraud and other white collar prosecutions, the commentary shapes how "loss" is calculated, and the loss amount can drive the sentencing range more than anything else. Commentary also affects drug, firearm, and career offender calculations. If the Court limits deference, defendants in more cases may be able to challenge enhancements that rest on commentary rather than on the Guideline text. If the Court reaffirms Stinson, the commentary will continue to carry great weight.

A decision is expected by the end of the Court's term in June 2027.

Facing federal charges?

B.J. Early is admitted to practice in the U.S. District Courts for the Western District of Kentucky, the Southern District of Indiana, and the Southern District of Florida, and his federal practice includes white collar cases. If you are under investigation or have been charged with a federal crime, contact the Law Office of B.J. Early, PLLC to schedule a free consultation.

This post is for general information only and is not legal advice. Past results do not guarantee or predict a similar outcome in any future matter.LOREM IPSUM