Whether an offense-matching categorical approach applies to the determination of a 'controlled substance offense' under the USSG § 4B1.2(b)?

QUESTION PRESENTED I Whether an offense-matching categorical approach applies to the determination of a “controlled substance offense” under the USSG § 4B1.2(b)? II Whether courts may defer to Sentencing Guideline commentary which strays from the unambiguous text of the Guideline to conclude that “distribution” of drugs includes attempted distribution of drugs. [NOTE: ISSUE II is currently pending review in Tabb v. United States, Case No. 20-579. Petitioner adopts and incorporates the arguments raised in Tabb, but presents a somewhat abbreviated argument for the convenience of the Court.] ii PARTIES INVOLVED All parties appear in the caption of the case on the cover page. iii