Whether the United States Sentencing Commission exceeded its authority

QUESTION PRESENTED (1) Whether the United States Sentencing Commission exceeded its authority by adding inchoate and precursor offenses to the definition of “controlled substance offense” through the Guideline commentary? (2) Whether the Eighth Circuit misapplied the categorical approach by finding that the underlying offense of a conspiracy is an element because the coconspirators had to agree on the object of the conspiracy?