An en banc argument by video? Is that possible? The Third Circuit is about to find out.

This morning at 9:30—in 10 minutes—the court will hold en banc oral argument in United States v. Nasir, 18-2888, a criminal-sentencing appeal. Here is a cogent summary of the case by Cato Institute. The core issue is whether the Supreme Court’s recent decision in Kisor v. Wilkie changes the deference that courts give to commentary to the Sentencing Guidelines. Arguing counsel are listed as Keith Donoghue for the defendant and Whitney Cloud for the government.

You can listen to (but not watch) the argument by livestream at this youtube link. If you prefer (or if you’re reading this after Wednesday morning 6/24) the court will post the audio on its website later.