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Intended loss in sentencing

Donte Jamal McClellon 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
Donte McClellon asks the Supreme Court to review whether an older federal sentencing rule requires judges to count intended as well as actual losses.
What's at stake
For McClellon, the petition leaves unresolved how the older guideline applies to his sentence and whether he was entitled to file a supplemental appeal brief.

Summary: written with AI from the case record.

What it's about

He also asks whether the Ninth Circuit denied him due process (the right to fair procedures) by refusing a supplemental brief after discharging his appellate lawyer but keeping that lawyer’s brief; McClellon filed a review petition and asked to proceed without paying fees.

The petition concerns a pre-2024 federal sentencing guideline and the Ninth Circuit’s handling of McClellon’s appeal.

Question presented

1. Whether the relevant conduct provisions of the U.S. Sentencing Guidelines direct courts to consider intended as well as actual loss under pre-2024 U.S. Sentencing Guideline § 2B1.1, regardless of whether the Guideline comment is authoritative. 2. Whether a court of appeals violates due process of law by denying a criminal defendant’s motion to file a supplemental appellate brief when the court discharges the defendant’s appellate counsel but accepts discharged counsel’s opening brief, requiring substitute counsel to advocate solely from discharged counsel’s brief.

What happens next

The Court must decide whether to hear the case. No oral argument or decision date is set.

Documents

2

Docket activity

6
  • New analysis added

    Nov 11, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 11, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 11, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 11, 2026 · Court records

  • Brief added: Petition

    Oct 28, 2026 · Court records

Show 1 more
  • Court Order added: Lower Court Orders/Opinions

    Sep 5, 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