Expected play by SG at DOJ
This is their way of sticking up for federal law as is today and possibly making the other Courts of Appeals work on it before it gets to be presented again to SCOTUS for hearing should SCOTUS deny the petition (maybe even after Justice Kennedy has retired and a new SCOTUS Justice is in play which would mean the USG’s playing prevent defense in the meantime until such time).
You can certainly see where SCOTUS would have expected this reaction from the SG. You can also see where, given Packingham and the acknowledgement of misleading data, the misleading data in this SG document would lead SCOTUS to hear it anyway. You cannot back away from that misleading data point now since you just announced it is misleading and continuing to give punishment out after all is said and done with sentencing. Justice Kagan was a SG once and would understand this perspective all too well. I bet the SG document went under some serious revisions post-Packingham decision.
I pray SCOTUS still hears Doe v Snyder to clear the air of any ambiguity.