Whether a District Court's use of Application note 1 to U.S.S.G. § 4B1.2 is an improper exercise of Auer deference by adding 'attempt' offenses to § 4B1.2(b)'s definition of a 'controlled substance offense'

QUESTION PRESENTED FOR REVIEW 1. Whether this Court should resolve a Circuit Split and decide if a District Court’s use of Application note 1 to U.S.S.G. § 4B1.2 is an improper exercise of Auer deference by adding “attempt” offenses to § 4B1.2(b)’s definition of a “controlled substance offense.”