Whether Kisor v. Wilkie applies to the commentary to the Sentencing Guidelines

Question Presented In Stinson v. United States, 508 U.S. 36 (1993), this Court held that the United States Sentencing Commission’s commentary to the Sentencing Guidelines should be treated like “an agency’s interpretation of its own legislative rules” and therefore afforded “controlling weight” unless “plainly erroneous or inconsistent with” the text of the guidelines themselves. Jd. at 45 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)). In Kisor v. Wilkie, 139 S. Ct. 2400 (2019), however, this Court clarified that deference to an agency’s interpretation of its own legislative rule is appropriate only when the rule is “genuinely ambiguous,” the agency interpretation is reasonable, and the “character and context” of the interpretation entitle it to “controlling weight.” Jd. at 2414-16. The question presented is whether Aisor applies to the commentary to the Sentencing Guidelines.