It's been said that "we are all textualists now." But how should the court interpret the text of the U.S. Sentencing Guidelines Manual after it has "exhausted all sources from which interpretive guidance may be derived," is "convinced that the parties' respective interpretations are in equipoise," and fears that "by accepting either side's interpretation, [it] would be hazarding a mere 'guess as to what [the Sentencing Commission] intended'"? Probation Office: group the counts and sentence. New Mexico Man: group the counts and sentence. District court: no. Refuses to group the counts and sentences. Tenth Circuit: Rule of Lenity to the rescue. Group the offenses and resentence!
The case is United States v. Tony, No. 23-2110 (10th Cir. Oct. 29, 2024).