Does the U.S. Sentencing Commission's use of the Sentencing Guideline commentary in U.S.S.G. § 4B1.2 to capture drug conspiracy offenses within the meaning of 'controlled substance offense' exceed the scope of its constitutionally permissible authority, rending that commentary invalid and unenforceable?

QUESTION PRESENTED Does the U.S. Sentencing Commission’s use of the Sentencing Guideline commentary in U.S.S.G. § 4B1.2 to capture drug conspiracy offenses within the meaning of “controlled substance offense” exceed the scope of its constitutionally permissible authority, rending that commentary invalid and unenforceable? ii