[2][3] On November 28, 2016, oral arguments were heard, where a private attorney appeared for the accused, Deputy U.S.

Solicitor General Michael Dreeben appeared for the government, and a professor appeared as a court appointed amicus curiae to defend the lower court's opinion.

[6] In an opinion written by Justice Clarence Thomas, the Court held that "the advisory Guidelines are not subject to vagueness challenges under the Due Process Clause" of the Fifth Amendment of the United States Constitution.

[6] Justice Ruth Bader Ginsburg concurred only in the judgment, stressing that the commentary to the Guidelines specifically mentioned Beckles' offense.

[6] Justice Sonia Sotomayor also concurred only in the judgment, agreeing with Ginsburg that the commentary to the Guidelines applied to Beckles, but going on to opine that the Guidelines as a whole may still be unconstitutionally vague.