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Counting uninvolved people in sentencing

Miller v. United States

Updated Nov 11, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Christopher Miller asks the Supreme Court to review whether sentencing courts may count people who were unaware of a crime or did not participate when deciding whether criminal activity was “otherwise extensive” under a federal sentencing guideline.
What's at stake
The unresolved issue concerns how sentencing courts apply the guideline’s “otherwise extensive” test to people who did not know of or participate in the criminal activity.

Summary: written with AI from the case record.

What it's about

His petition was distributed for a conference, but that step is not a decision to hear the case.

The federal sentencing guideline at issue uses the phrase “otherwise extensive”; Miller challenges an application note that tells courts whom to count in applying that test.

Question presented

WHETHER THE THIRD CIRCUIT ERRED IN HOLDING THAT APPLICATION NOTE 3 OF U.S.S.G. § 3B1.1 DOES NOT IMPROPERLY EXPAND THE GUIDELINE BEYOND THE OUTER BOUNDS OF PERMISSIBLE INTERPRETATION BY DIRECTING COURTS TO COUNT UNKNOWING OUTSIDERS AND NON-PARTICIPANTS WHEN DETERMINING WHETHER CRIMINAL ACTIVITY WAS “OTHERWISE EXTENSIVE” WITHIN THE MEANING OF THE GUIDELINE?

What happens next

The Court must decide whether to hear the petition. It was distributed for the Nov. 6, 2026, conference, but that does not guarantee a decision on that date; no oral argument or decision date is set.

Documents

1

Docket activity

5
  • New analysis added

    Nov 11, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 11, 2026 · Generated

  • Case data updated: question_presented, extraction_metadata

    Nov 11, 2026 · Court records

  • Case data updated: summary, question_presented, generation_metadata

    Nov 11, 2026 · Court records

  • Brief added: Petition

    Jul 1, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 11, 2026Methodology

Court records and filings

Reporting and analysis