Did the Fifth Circuit Court of Appeals err in deferring to the Sentencing Commission's use of commentary to expand the definition of 'controlled substance offense' in U.S.S.G. § 4B1.2(b)

QUESTION PRESENTED Did the Fifth Circuit Court of Appeals err when it deferred to the United States Sentencing Commission’s use of commentary in its Guidelines Manual to expand the unambiguous and Congressionally authorized textual definition of U.S.S.G. § 4B1.2(b), of “controlled substance offense,” to include “attempts” to commit such an offense? il