United States v. Jeffery Havis

THAPAR, Circuit Judge.

*441 What we do is sometimes less important than how we do it. The United States Sentencing Commission has the power to promulgate the Sentencing Guidelines. But Congress has limited how it may exercise that power. Those limits are important-not only because Congress thinks so, but because they define the Commission's identity in our constitutional structure.

Jeffery Havis claims that the Commission has disregarded those limits. And he may have a point. But a prior published decision of our court requires that we reject this part of his argument. Following that precedent and…