Hecker Fink Files Amicus Brief in the U.S. Supreme Court on Behalf of FAMM in Beaird v. United States

On July 7, 2026, Hecker Fink LLP filed an amicus brief on behalf of FAMM in the U.S. Supreme Court in Beaird v. United States. The issue in the case is the level of deference that courts should afford to commentary to the Sentencing Guidelines issued by the United States Sentencing Commission.

Without taking a position on that ultimate question, the brief makes two principal arguments to guide the Court’s consideration of the case. First, the brief argues that, regardless of the deference owed to the commentary, the Court should recognize and reaffirm that the Sentencing Commission is fundamentally different from Executive Branch administrative agencies. As the brief explains, the Commission is judicial in character; Congress maintains an active supervisory role over the Guidelines and related commentary; the Commission does not regulate the primary conduct of private actors but rather issues nonbinding guidance to courts; the unique statutory structure and composition of the Commission insulate it from shifting Executive Branch policy preferences; and the Commission may review and overrule judicial interpretations of its handiwork. In light of these important distinctions, the Court should reaffirm that the Commission is not broadly equivalent to executive agencies.

Second, the brief asks the Court to confirm that the rule of lenity properly applies when judges interpret the Guidelines and associated commentary. The core principles that underlie the rule of lenity—fair notice to the defendant, preservation of the separation of powers, and protection of individual liberty—are squarely applicable in this context. Accordingly, regardless of the deference standard that the Court adopts, lenity may serve as a tool of construction to be applied before considering the commentary or at the end of the interpretive process if ambiguity remains.

The Hecker Fink team includes Joshua Matz, Trisha Anderson, Taisa Goodnature, and Trip Carpenter.

Read the full brief here.