Beaird v. United States
Overview
Overview
The Supreme Court will decide whether Stinson v. United States (1993) still correctly states the rule for the deference courts owe to the commentary accompanying the U.S. Sentencing Guidelines. The case follows a circuit split that widened after Kisor v. Wilkie narrowed deference to agency interpretations.
The Application
Kendrick Jarrell Beaird pleaded guilty in the Northern District of Texas to possessing a firearm as a convicted felon under 18 U.S.C. 922(g)(1). The district court applied a Guidelines enhancement under U.S.S.G. 2K2.1(a)(3) for a semiautomatic firearm capable of accepting a large capacity magazine, which produced a range of 63 to 78 months. The text of the guideline does not define large capacity magazine, but Commentary Note 2 defines the term to cover a magazine that could accept more than 15 rounds, and Beaird's firearm had a 17-round magazine. Beaird argued that under Kisor the court should not defer to that commentary and should instead read the guideline through its structure and history, under which a 17-round magazine is standard in the consumer market rather than large. The Fifth Circuit rejected that argument, held that Kisor did not disturb Stinson's authority, and affirmed. The decision under review is reported at 2025 WL 1410410 (5th Cir. No. 24-10764).
The Conclusion
Beaird is set for argument on October 13, 2026. A ruling that narrows or overrules Stinson would give district judges more room to read the Guidelines text on their own, without automatic deference to the Sentencing Commission's commentary, and could open the door to resentencing challenges where commentary expanded a term the guideline itself does not define. A ruling that reaffirms Stinson would keep the commentary authoritative when courts calculate sentencing ranges. Beaird's cert petition, filed pro se, raised three questions, including a Second Amendment challenge to Section 922(g)(1); the Court agreed to hear only the question about deference to the Guidelines commentary.
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