United States v. Latroy Currie
Split Score
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Case Summary
Disposition
Affirmed
The Eighth Circuit affirmed the sentences of Latroy L. Currie and Malik K. Marshall, rejecting their argument that a post-Kisor narrowing of deference to Sentencing Guidelines commentary precludes use of "intended loss" in calculating their Guidelines range under USSG § 2B1.1. Relying on its prior decision in United States v. Nock, the court held that the commentary remains authoritative unless plainly erroneous and therefore the district court correctly applied the 20-level intended-loss enhancement.
Circuit Split Identified
Legal Issue
Whether, after Kisor v. Wilkie, courts must continue to give Stinson deference to Sentencing Guidelines commentary—specifically the definition of “loss” in USSG § 2B1.1—to apply the greater of actual or intended loss.
Circuit Positions
Continue to give Stinson deference; apply the greater of actual or intended loss under § 2B1.1 commentary.
Kisor limits deference; intended loss not applied unless stated in guideline text (commentary not controlling).
Conflict Summary
Some circuits continue to accord Stinson deference to the § 2B1.1 commentary and apply intended loss, while other circuits read Kisor as limiting such deference and therefore look only to actual loss unless the guideline text itself mentions intended loss. The Eighth Circuit aligns with the former view.