Whether the Sentencing Reform Act of 1984 commands congressional intent when the U.S. Sentencing Commission violates the notice and comment requirement under the Administrative Procedure Act and commits a separation of powers violation

QUESTIONS PRESENTED I. WHETHER THE SENTENCING REFORM ACT OF 1984 COMMANDS CONGRESSIONAL INTENT, THAT WHEN THE U.S. SENTENCING COMMISSION VIOLATES THE NOTICE AND COMMENT REQUIREMENT UNDER THE ADMINISTRATIVE PROCEDURE ACT AND COMMITS AN EGREGIOUS SEPARATION OF POWERS VIOLATION BY ADDING OFFENSES TO THE GUIDELINE THROUGH THE COMMENTARY OF 4B1.2(b) RATHER THAN, SEEKING AN AMENDMENT FROM CONGRESS. THEY MUST BE. SUBJECTED TO JUDICIAL REVIEW UNDER THE ADMINISTRATIVE PROCEDURE ACT AS A SAFEGUARD... -i e