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Whether the Court of Appeals erred in holding that the U.S. Sentencing Commission acted within its authority by its commentary to § U.S. Sentencing Guidelines § 4B1.2, which broadened the detailed definition of 'controlled substance offense' set out at § 4B1.2(b) to include inchoate offenses?
ISSUES PRESENTED | I. Whether the Court of Appeals erred in holding that the U.S. Sentencing | ° Commission acted within its authority by its commentary to § U.S. | Sentencing Guidelines § 4B1.2, which broadened the detailed definition of | “controlled substance offense” set out at § 4B1.2(b) to include inchoate offenses? II. Whether the Court of Appeals erred in holding that the definition of | “controlled substance offense” set out at USSG §4b1.2(b) is unambiguous? | If so, then judicial deference to the Commission’s interpretation that the language includes inchoate offenses is unwarranted pursuant to Kisor v. Wilkie, 588 US ___, 139 S. Ct, 2400 (2019). |