Whether a circuit court may properly rely on circuit precedent predating Kisor v. Wilkie, 139 S. Ct. 2400 (2019), to hold, contrary to Kisor, that the United States Sentencing Commission may properly utilize commentary to the Sentencing Guidelines to materially change the meaning of the Guidelines

QUESTION PRESENTED Whether a circuit court may properly rely on circuit precedent predating Kisor v. Wilkie, 139 S. Ct. 2400 (2019), to hold, contrary to Kisor, that the United States Sentencing Commission may properly utilize commentary to the Sentencing Guidelines to materially change the meaning of the Guidelines? Specifically, did the Circuit below properly hold that the Guidelines commentary properly expanded the definition of “controlled substance offense” to include inchoate offenses, contrary to the text of the Guideline itself, despite this Court’s recent guidance in Kisor that courts must not rely on an agency’s interpretive commentary except in cases of genuinely ambiguous agency rules. i