Derrick Dion Ingram v. United States
Environmental SocialSecurity Securities Immigration
Whether the commentary to U.S.S.G. § 2K2.1(b)(6)(B) is inconsistent with the guideline
QUESTION PRESENTED The United States Sentencing Commission promulgates the United States Sentencing Guidelines, which take effect only after congressional approval. 28 U.S.C. § 994(p). Sentencing Guideline commentary needs no such approval, but is authoritative only to the extent it reasonably interprets a guideline or explains how it is to be applied, without being inconsistent with that guideline. Stinson v. United States, 113 S.Ct. 1913 (1993). Where U.S.S.G. § 2K2.1(b)(6)(B) directs a four-level increase in offense level when a defendant possesses a firearm “in connection with another felony offense,” is that guideline’s commentary, directing that the enhancement applies if the firearm “facilitated, or had the potential of facilitating, another felony offense,” inconsistent with the guideline? i