Sentencing enhancements for past conduct
Bullock v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Randolph Bullock challenges the “pattern” sentencing increase under Guideline §2G2.2(b)(5), asking whether the Sentencing Commission could create it through guideline edits, how courts should read its commentary, and what conduct and proof are needed to apply it.
- What's at stake
- Bullock's challenge to the sentencing increase in his case remains unresolved while the Supreme Court considers whether to review it.
Summary: written with AI from the case record.
What it's about
His petition was distributed for a Supreme Court conference.
The dispute concerns a federal sentencing guideline that adds a penalty for a pattern of behavior.
Question presented
1. Can the United States Sentencing Commission create new penalties (enhancements) via clerical edits / merger of the Guidelines without Congressional direction to do so? 2. Is Kisor v. Wilkie relevant to judicial review / application of the United States Sentencing Commission Guideline Commentary? 3. When a Congressional mandate is ambiguous but the United States Sentencing Commission Commentary conflicts with a reasonable (Kisor) analysis of Text, Structure, Purpose, and History of the mandate and Guideline, does Commentary overrule? 4. When three (3) Circuit Courts hold that USSG §2G2.2(b)(5) Pattern enhancement behavior must be related to the instant offense under a Kisor analysis, and other Circuit Courts hold otherwise, what is the proper requirement to apply the enhancement? 5. Is it incumbent on today's courts to use tools of Kisor analysis to resolve conflicts and ambiguity in agency rules? 6. For enhancements that have a substantial impact on a sentencing guideline, does Due Process require proof greater than preponderance of the evidence and require proof by at least clear and convincing evidence?
What happens next
The petition was distributed for the Court's Nov. 6, 2026, conference. The Court must decide whether to hear it; the conference distribution does not guarantee an order date.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- What does Bullock ask about the guideline commentary?
- He asks whether the commentary should control when it conflicts with a reading based on the law's text, structure, purpose and history.
- What does Bullock ask about the pattern requirement?
- He asks whether the behavior counted as a pattern must relate to the offense being sentenced, an issue he says has divided federal appeals courts.
- What does Bullock ask about proof for a sentencing increase?
- He asks whether due process requires clear and convincing evidence, rather than proof that the conduct is more likely than not, for increases that substantially affect a sentence.
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.