Whether Application Note 2 bars the 2-level enhancement for trafficking of unauthorized access devices in Aggravated Identity Theft cases

QUESTIONS PRESENTED 1. Whether Application Note 2 of the Commentary to U.S.S.G. § 2B1.6 bars the application of the U.S.8.G. § 2B1.1(b)(11)(B)@ 2-level enhancement for the “trafficking of any unauthorized access device” to an offense underlying an Aggravated Identity Theft conviction under 18 U.S.C. § 1028A. 2. Whether the Wireless Telephone Protection Act, Pub. L. No. 105-172, § 2(e), 112 Stat. 53, 55 (1998), had instructed the Sentencing Commission to amend the Guidelines so as to punish offenses other than those involving the cloning of wireless telephones through U.S.S.G. §§ 2B1.1(b)(11)(A)G@) and (B)(). ii | (Tek25)