Whether a district court may rely on commentary in the U.S. Sentencing Commission's Guidelines Manual to determine a defendant's Guidelines range for sentencing

QUESTIONS PRESENTED () Under what circumstances may a district court rely on commentary in the U.S. Sentencing Commission’s Guidelines Manual to determine a defendant’s Guidelines range for sentencing? (2) Is Application Note 1 in the commentary to U.S.S.G. § 4B1.2 invalid insofar as it broadens the Guideline’s definition of “controlled substance offense” to include conspiracies and other inchoate offenses? ii