Can a court of appeals successfully avoid undertaking plain error review of a Guidelines miscalculation by relying on a federal regulatory definition instead of the Congressional definition of an offense element analyzed under the Taylor categorical analysis and affirm because the novelty of the Taylor analysis precludes plain error?

QUESTION PRESENTED Can a court of appeals successfully avoid undertaking plain error review of a Guidelines miscalculation by relying on a federal regulatory definition instead of the Congressional definition of an offense element analyzed under the Taylor categorical analysis and affirm because the novelty of the Taylor analysis precludes plain error? 2